SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
Domestic Relations Branch

Motion for Expedited Order of Dismissal of Divorce

Respondent Frederick Shaddock moves the court for an expedited order dismissing this action because the requirements of Grounds for Divorce, Legal Separation, and Annulment, according to § 16-904 of the District of Columbia Code have not been met.

As stated in the previous Motion for Order of Dismissal of Divorce, contrary to requirements a(1) and a(2), both parties have not lived separate and apart for a period of six months.  Contrary to requirement a(c), Plaintiff and Respondent have resided under the same roof, sharing bed and board, and have resumed physical marital relations since August 2008 to this day.

At the Status Hearing of February 4, 2009, the Hon. Judge Fern Saddler told the Plaintiff to the effect "your decisions make it difficult" for the Court to grant a divorce.  Nevertheless after the hearing, Plaintiff and Respondent went right back to resuming marital relations and continued living in the same apartment during these past two weeks.  The attached Affidavit attests to these facts herein.

The discovery process is very time consuming and takes precious time from Respondent's work hours.  Ironically, Plaintiff expects Respondent to work and provide for her financially.  She does not fully realize that the divorce process makes it more difficult for Respondent to support her.  Therefore, in the interest of both parties, Respondent moves this Court for an immediate dismissal of this divorce case.

Sincerely,

Frederick Shaddock
Plaintiff, Pro Se
510 N Street, SW  N32
Washington, DC  20024
202-829-4444

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 18th day of February 2009, a copy of the foregoing document was sent via first-class postage prepaid to Robert Case Liotta, Esq. 1666 Connecticut Avenue, NW, Washington, DC 20009.

______________________________
Frederick Shaddock, Pro Se

POINTS OF AUTHORITY

§ 16-904. Grounds for divorce, legal separation, and annulment.

(a) A divorce from the bonds of marriage may be granted if:
(1) both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months next preceding the commencement of the action;
(2) both parties to the marriage have lived separate and apart without cohabitation for a period of one year next preceding the commencement of the action.
...
(c) For purposes of subsections (1) and (2) of paragraphs (a) and (b) of this section, parties who have pursued separate lives, sharing neither bed nor board, shall be deemed to have lived separate and apart from one another even though:
(1) they reside under the same roof; or
(2) the separation is pursuant to an order of a court.

______________________________
Frederick Shaddock, Pro Se
510 N Street, SW, Apt. N-32
Washington, DC  20024   202-289-4444

AFFIDAVIT

Superior Court of the District of Columbia
Family Court
Domestic Relations Branch
500 Indian Avenue, NW
Washington, DC  20001                   

Your Honor:

I, Frederick Shaddock, do hereby appear before a Notary Public in and for the District of Columbia and do swear that the following facts are true to my best knowledge and belief.

Since August 2008, my wife Oksana Shemet Shaddock and I have cohabitated in the same apartment at 390 South M Street, SW, Apt. 400, Washington, DC  20024, and have resumed periodic physical marital relations to this date.

Most recently we celebrated her birthday, February 13 2009, and Valentine's Day together.  A divorce is not appropriate at this time.

I love my wife, and the divorce proceedings are injurious to our marriage, causing financial and emotional stress.  I ask that the DC law requiring separation for at least six months be enforced, and that this case be dismissed.

Signed,

_____________________________________
Frederick Shaddock

NOTARY SEAL

I ___________________________________ a Notary Public in and for the State of Iowa, do state that Frederick Shaddock presented this affidavit and oath to me, and I am familiar with him, and his signature, this 4th day of October, 2007.