FL-123 Response to a Motion
Opposition to Motion to Dismiss
Additional Information
Case: CD CV 400 852

Your Honor:

At the September 10, 2007 hearing, the court offered Paul Miller and me the opportunity to continue the case on the following week.  Paul Miller indicated to me that we probably won, and do not need to further take the Court's time with another hearing..

Days later, we received a letter from the Court finding that I have the right to file for divorce in Iowa, and that Oksana's belated attempt at serving me was questionable, and clearly in retaliation for being served first.   They could not even name the person who was supposedly served.

There is important information that would have been brought out at a second hearing, or if we had even 15 minutes more on September 10th.   I pray that the Court will consider:

1. There was limited time for the Court to consider my case, and it was a rushed situation, at no fault of ours.

2. Oksana's attorney, Steven Lytle, monopolized the time with his questions about my Fairfield life.  The Court had to ask him more than once to get to the point of his line of questioning.

3. There was no time for my attorney, Paul Miller, to ask Oksana any questions.

4. It is important to ask her if she is a resident of DC, and this would have been done.

5. The Court will find that she has never been a bona fide resident of the District of Columbia. 

6. The property that she cites as "her address" is a rental.  She lives in Virginia.  The address on her petition was a false address.  It was never our marital home as she alleges. Our marital home is 1000 University Manor, Fairfield Iowa.

7. In addition to Virginia, Oksana also has a choice of two residences in Fairfield Iowa.  The only title she has on real estate is on 806 North 4th Street, in Fairfield.  This is a four bedroom house, suitable for starting a family.

8. I cannot go to DC, due to probation for a misdemeanor.  It would cause unfair financial hardship in an already challenging situation to require me to take time off from my business, losing revenue, pay $300 in flight expenses, plus $150 per night for a hotel in DC.  I would also have to hire an attorney in DC, where they usually charge $300 per hour.

9. It is highly unusual for a Court to ask the husband and wife to pursue a divorce case in a state where neither of them live.

10. I served Oksana with divorce papers at 5:15 pm on July 31, 2007 which they acknowledge.  She made a belated, retaliatory attempt about 8:15 pm that same evening, which I do not acknowledge.

11. Oksana's attorney in DC is encouraging her to divorce.  He would earn a percentage of my assets.  But in Iowa there would be no such pressure.  There is a greater likelihood, with the requirement of counseling, that we can save our marriage.

I ask this court for a continuation of the above case, so that this important information can be considered.

Sincerely,

Frederick Shaddock