We usually do not publish information about winning in divorce cases: after all, losing it is quite difficult. And although some lawyers use such cases to make their positive professional statistics, our legal team treats divorce cases (without division of property, determining the procedure for raising children) as a formal procedure.
However, this case aroused professional interest among the team of the Zilver Law Firm.
In early 2020, a foreign citizen applied to the Zilver Law Firm with a request to help file a divorce from a Ukrainian citizen. Our lawyers offered to apply to the court.
All the necessary documents were prepared and the laim for divorce was filed with the court. First, the Kommunarsky District Court of Zaporozhye issued a ruling to leave the claim without progress until the shortcomings were eliminated. Surprisingly, the case on the claim of a foreigner was suspended due to the fact that no evidence was provided about the correctness of the defendant’s address indicated in the claim, and that the appeal to this particular local court under the Law of Ukraine “On Private International Law” was not justified.
Whereas the lawyers of the Zilver Law Firm have prepared and submitted their objections, the defendant filed her claim for divorce, as a result of which the court subsequently refused to open proceedings on the claim of the foreigner.
In a remarkable way, the wife’s claim indicated the same address that was indicated in the man’s claim. But, apparently, the judges of the same court evaluate the information about the place of residence of the parties differently.
Subsequently, the plaintiff did not appear in court hearing, which is why the court left the claim without consideration, which was successfully challenged by the plaintiff herself.And finally, a decision was made to dissolve the marriage.And what does the plaintiff, whose claim is satisfied? Appeals the decision of the court of second instance!
And finally, the Zaporozhye Court of Appeal ruled to leave the decision of the first instance court unchanged.We are waiting for the cassation petition 🙂
This is the longest divorce process in the practice of Zilver lawyers. For more than a year and a half, the courts have been deciding on divorce!! And at the same time, they completely ignored the statements of lawyers about the plaintiff’s abuse of her procedural rights. As a result, the client got a divorce.The case was handled by lawyers: Yevgen Zarudnyev, Olga Lazareva, Liudmila Demchenko.