KARINA DUVALL, being duly sworn, deposes and says:
1. I am an attorney admitted to practice law in the Russian Federation. I have over 15 years of high-level experience in the Matrimonial, Family and Civil Law of the Russian Federation as well as in International Law.
2. I am expert in the Russian law.
3. I also have been designated as a Foreign Legal Consultant, pursuant to Rule XI, Section 8 of the Supreme Court Rules for the Government of the Bar of Ohio. Accordingly, I may render legal services in Ohio to the extent authorized by Rule XI.
4. I am often called upon to testify in United States courts as an expert on Russian law. Documents evidencing my right to practice law in the Russian Federation, New York and Ohio are attached hereto as Exhibit A. My clients are individuals of all nations who need expertise in Russian law. I specialize in Family and International Private Law and my area of expertise is complex multi-jurisdictional family and matrimonial cases.
5. I was retained by Andrei Orlov (“Andrei”) to represent him in a divorce action in the Russian Federation. His American counsel has asked me to make an affidavit for use in this action, setting out the result of that action as well as to explain certain principles of Russian law. Any factual statements set out herein are based on knowledge I acquired during the pendency of the Russian litigation.
6. Andrei and Inna Orlova (“Inna”) were married in 1990 in Russia. Both parties are Russian citizens.
7. Article 160, Part 2 of the Family Code of the Russian Federation allows Russian citizens who live abroad, to file for divorce in Russia even if his or her spouse lives outside of the Russian Federation.
8. The Russian Federation generally recognizes as valid, judgments of divorce entered in foreign courts in compliance with foreign law. Article 160 of the Family Code of the Russian Federation.
9. Article 28 and 29 of the Civil Procedural Code of the Russian Federation provides that actions in a Russian court must be filed at the place of the residence of the defendant. Inna maintained a residence in Russia. She owns a residence in Moscow. She also receives a pension at her place of residence in Russia and other benefits to which she is eligible under Russian law on the territory of the Russian Federation. As such, she has made herself subject to jurisdiction in the Russian Federation as a Russian citizen and resident.
10. Based on the Court’s jurisdiction over Inna, I commenced a divorce action on behalf of Andrei on January 14, 2015.
11. Pursuant to Article 24 of the Family Code on the Russian Federation, the spouses may submit to the Russian Court any spousal support agreements executed by the parties. If there is no such agreement between the spouses, on motion by one spouse, the Court may make a spousal support order during the divorce case.
12. Inna was served with the summons and complaint in the Russian divorce and was aware of its pendency. Inna was represented by counsel in the Russian divorce action. A preliminary conference in the Russian divorce action was held on XXXX XX, 2015. Hearings in the case were held on XXXX XX, 2015, and XXXX XX, 2015 and, again, on XXXX XX, 2015.
13. On XXXX XX, 2015, in the presence of counsel for both Andrei and Inna, the judge granted a judgment of divorce. A copy of the judgment of divorce is attached hereto as Exhibit B.
14. On XXXX XX, 2015, Inna filed an appeal from the judgement of divorce. That appeal was heard by the Appellate Division on XXXX XX, 2015. The Court ruled that it was affirming the judgment, thereby rendering the divorce a final order.
15. Pursuant to Article 89 of the Family Code of the Russian Federation, Inna has the right to seek spousal report. The fact that a divorce has been granted does not preclude her from commencing a spousal support action in a Russian court, if she so chooses.
16. In summary, the Russian divorce is final and valid and both parties appeared in the action to advance their respective interests. This Court should recognize the Russian judgment. Divorce in Russia does not prevent Inna from requesting and receiving spousal support from Andrei by commencing an appropriate action in a competent court in Russia.
I, Karina Duvall, hererby certify that the foregoing affidavit made by me is true.