To Whom It May Concern:
This letter is in response to Your Notice that evidence submitted by me with my form is “insufficient.” Specifically, you asked me to submit additional evidence which would be sufficient to establish the termination of my marriage.
In further support of the divorce decree from Moscow, Russia dated 12/29/2010, I attach a letter from my attorney, Karina Krasnova. Ms. Krasnova is a licensed attorney in Russia who prepared and filed my divorce there, on my behalf. Exhibit 1
The divorce was filed in Russia because my wife resides in Russia. My wife accepted jurisdiction in Moscow and even sent a letter to the Russian court, saying that she agreed to a divorce. Thus, our divorce was on consent, not on default. A copy of Defendant's letter is attached hereto as Exhibit 2. Defendant accepted jurisdiction of the Russian Court. The Court in Russia has jurisdiction over her. There is no prejudice from a divorce in Russia. To the contrary, Defendant resides in Russia and Russia is a better forum for her to divorce.
The Courts of this State are required to recognize a foreign divorce decree.
In Will of Brown, 132 Misc. 2d 811, 505 N.Y.S.2d 334, 337 (Sur. Ct. 1986), the court described the concept of comity among nations:
It is well established in American law that, subject to possible obligations imposed by treaty between the United States and a foreign power, there is no constitutional obligation upon a state to recognize a judgment rendered by a court of another nation. But, with due regard to international duty and convenience, and the sense that respect is due to the judicial act of another sovereign, comity, that is, voluntary deference, is customarily accorded to the foreign decree to the extent that it is enforceable in the country which rendered it, provided that in the foreign tribunal there was a jurisdictional predicate in the procedural due process sense and that the public policy of the particular State is not thereby contravened. Should the decree fail to meet these criteria, it will not be recognized as such.
As the court wrote, so long as a foreign judgment did not violate a party's basic due process rights and the judgment comported with public policy, a foreign country's judgment should be recognized by states pursuant to the doctrine of comity among nations.
In determining whether to recognize a judgment of divorce of a foreign nation, courts in the United States consider several factors, such as domicile and notice.
In my case, my former wife domiciled in Russia and received Notice of the divorce action in Russia. Moreover, she wrote a letter in support of divorce in Russia.
The Decision I submitted is not a divorce nisi.