Articles and publications

Attorney’s representation: why client was against withdraw attorney from his case

A lawyer should seek to avoid controversies over fees with clients and should attempt to resolve amicably any differences on the subject. The New York courts have established a procedure for resolution of fee disputes through arbitration and the lawyer must comply with the procedure when it is mandatory. Even when it is voluntary, the lawyer should conscientiously consider submitting to it. Read More »

Recognition of Russian Divorce in the United States

According to the principles of international law, no one can be deprived of the liberty to consider his or her case in the competent court and competent judge, to whose jurisdiction it is assigned by law. The same principles enshrined in Article 8 part 1 of the American Convention on Human Rights on November 22, 1969 (Right to a Fair Trail) which said that every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation for the determination of his rights and obligations of a civil or any other nature. Moreover, due to the doctrine of comity, if Russia recognizes a marriage and divorce in New York, then New York must recognize a divorce in Russia too. Read More »

Domestic Violence Leads to Child’s Death

A terrible event happened in New York State. A mother who was getting divorced and was in the middle of the custody battle for her children, complained to the court and Child Protection Services that the father of the children turned to violence against them on several occasions. Her story was not believed, and the custody over the children was awarded to the father. This happened in September 2017. In January 2020 one of the children, 8 y.o. boy Thomas Valva, died from hypothermia in the garage where his father and his new girlfriend sent him for overnight time-out for misbehavior. Read More »

Divorce appellatte decision

The applicant’s referral to failure on the magistrate judge’s part to provide a period for reunion is rejected by the appeal court, because the magistrate judge’s actions do not contradict the provisions of Article 22 part 2 of the Family Code of the Russian Federation, and explanations № 15 of the Russian Supreme Court dated November 05th, 1998, in c. 10, such a period for reunion may be provided upon the sole discretion of the court, but not as the must. Moreover, the magistrate judge has taken into account a flat refusal by the plaintiff of the reunion and any periods for such, which is witnessed by the application made by Karina Duvall as attorney. Read More »

Divorce overseas between two Russians

The court has ascertained that the parties were legally married in St. Petersburg, which is evidenced by the marriage certificate. The family life has failed, the family has fallen apart. The matrimony is ceased, they are not residing as a family, not keeping common house, and the matrimonial relations are not maintained. The spouses have no minor children born in the marriage. Read More »