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New answers by the procedure divorce, adoption of child, guardianship, alimony etc in Russia and other countriesFamily Law: termination of parental rights, rights of the child, child support. (Russia) Question: I am looking for details of current child support/ alimony obligations by father in case of separation/divorce in Russian Federation. May you direct me to the web site in English covering this part of the Family Law applicable within the Federation for Russian citizens and aliens..Answer: If you wish I can provide you with a consultation in English referring corresponding law documents of Russian Federation but this advice can be only on paid basis.Family Law: termination of parental rights, rights of the child, child support. (Russia) Question: My fiancee and I will be married in Moscow in December. Then I will file k-3 to bring her to USA. She has a 13 year old daughter. The daughter's father had no contact with the child for over 2 years until I came into the mother's life. Now the father, a well-known University professor, has re-entered the daughter's life. He has convinced the daughter to remain in Russia. If the daughter remains in Moscow with her maternal grandmother when my fiancee comes to America, will my future wife lose custody of her daughter because of our marriage? We are hoping that within a year the daughter will also wish to join us in America.Answer: This problem can be resolved only voluntarily. If your wife go to the USA without her daughter she will NOT lose the custody. I believe that your fiancee should impact on the decision of her daughter before. It's because if the dispute between she and her former husband will be brought to a court, the could will consider opinion and position of the child (the daughter is older than 10) and will make corresponding decision.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I have Dutch citizenship and have legally resided in the USA until Jan 1, 2003. Since Jan 1 I reside in Belgium. I married a Russian national and resident in Helsinki, Finland in July 2000, we never lived together or formed a household, she continued to reside in St Petersburg and I continued to reside in the US. In March 2001 we erected a company with limited liabilities in France, with 50% ownership each. The company bought a property as a place of business.Due to differences unable to overcome, I filed for divorce in Missouri, USA in October 2001, the business in France non active. She objected in Missouri court the jurisdiction of the court and also because my lawyer was not very active, my case dragged out until I ropped the case in December 2002 because of my move to Belgium and the high money deposit my lawyer wanted to continue the case in Missouri. According to the Hague convention I cannot file for divorce in Belgium until next year. My question is a follows: Can I file for divorce in St. Petersburg? No children were born out of this marriage, I supported her financially until June 2001. Do I have to pay alimony? How are our properties going to be devided? Answer: 1. In order to answer your question about possibility to divorce in Russian court I have to know some details. That was the basis your wife lived in Finland? Does she have registration in Saint-Petersburg? What is the country of her permanent residence? In case her place of permanent residence is Saint-Petersburg, Russia, I can provide you with the divorce cervices.2. Persons who have the right to appeal in court to demand alimony from former spouse (if the spouse has financial ability to pay): - former wife in her pregnancy and during three years after after baby born; - needy former spouse who does care of invalid child until 18th birthday or who maintain common child first group invalid from childhood; - disabled needy former spouse who became disable before divorce of in first year after divorce; - needy retired spouse not later than 5 years after divorce if spouse were in marriage for long time. 3. Property rights of spouses are determined according to law of country where is their common place of living or where they had last common place of living. Property rights of spouses if they didn't have common place of living are determined in Russia Federation in accordance with Russian law. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I have Dutch citizenship and have legally resided in the USA until Jan 1, 2003. Since Jan 1 I reside in Belgium. I married a Russian national and resident in Helsinki, Finland in July 2000, we never lived together or formed a household, she continued to reside in St Petersburg and I continued to reside in the US. In March 2001 we erected a company with limited liabilities in France, with 50% ownership each. The company bought a property as a place of business.Due to differences unable to overcome, I filed for divorce in Missouri, USA in October 2001, the business in France non active. She objected in Missouri court the jurisdiction of the court and also because my lawyer was not very active, my case dragged out until I ropped the case in December 2002 because of my move to Belgium and the high money deposit my lawyer wanted to continue the case in Missouri. According to the Hague convention I cannot file for divorce in Belgium until next year. My question is a follows: Can I file for divorce in St. Petersburg? No children were born out of this marriage, I supported her financially until June 2001. Do I have to pay alimony? How are our properties going to be devided? Answer: 1. In order to answer your question about possibility to divorce in Russian court I have to know some details. That was the basis your wife lived in Finland? Does she have registration in Saint-Petersburg? What is the country of her permanent residence? In case her place of permanent residence is Saint-Petersburg, Russia, I can provide you with the divorce cervices.2. Persons who have the right to appeal in court to demand alimony from former spouse (if the spouse has financial ability to pay): - former wife in her pregnancy and during three years after after baby born; - needy former spouse who does care of invalid child until 18th birthday or who maintain common child first group invalid from childhood; - disabled needy former spouse who became disable before divorce of in first year after divorce; - needy retired spouse not later than 5 years after divorce if spouse were in marriage for long time. 3. Property rights of spouses are determined according to law of country where is their common place of living or where they had last common place of living. Property rights of spouses if they didn't have common place of living are determined in Russia Federation in accordance with Russian law. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: My wife is a Russian citizen, we have been parted for 18 months due to me losing my job. My wife feels that she has waited long enough for me to get back to normal. She feels that we will not get another visa and wants to divorce. We were married in Moscow in September 2000.I do not want to divorce, I think that our relationship is worth fighting for and I want to change my wife's view. Would you advise me, can my wife start divorce proceedings without my consent, can she gain a divorce without my consent. Answer: Unfortunately, your wife can initiate divorce and get it without your consent. To do that, she will need to file appropriate documents with the court.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am a Russian citizen, married to the US green card holder. My husband is going to file for citizenship this November. We got married when I was an exchange student in US in spring 2001; we have been married for 2 years. My husband has filed sponsorship papers to bring me to US int he summer of 2003, but there has been no developments even since. Now I got accepted to a 4-year PhD program at Northwestern University, USA. The give me full funding. The program starts this September. I need to apply for an F-1 visa now, but I suspect that since I am married to the US permanent resident, I will not be given a nonimmigrant student visa. We are contemplating divorcing, withdrawing sponsorship claims, and me applying for a visa after we are divorced. What do you recommend in this situation? Do you think divorce is necessary or I will be given a student visa in spite of the fact that my husband filed sponsorship papers for me? Thank you very much.Answer: I am specialized in divorce proceeding with foreign citizens. Thank you for your addressing to me.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Previet,I am an Australian citizens (although I do have Russian blood from few generation back..) - I came to Russia and married a russian woman, who later joined me in Australia, I found out later that she never loved me and used me only as a ticket to Australia and she was crazy and evil woman..... we finally agreed on the divorce, I signed a declaration to her that the our marriage is broken down and gave her copy of my passport, she travelled recently to Russia for a visit (Volgograd) and promised to try and get the divorce from Russian authorities and would give me a copy soon upon her return. -She now returned to Australia, and claimed that she has the divorce paper from the Russian authority but refused to give me my copy of the divorce, saying later and may be later! I need to find out few things first from a solicitors...! My question is, if the Russian authorities have issued the divorce papers to her, shouldn't I be getting a copy of that divorce paper for myself, is she obliged by duty to give me a copy of the divorce certificate that was given to her in Russian? What do I need to do to in order to obtain my copy of my divorce certificate if she refuse to give it to me (which she claim she all ready has in her hands?) I await your kind response and I hope as soon as possible Otchi Spassiba Answer: Yes, your wife could get a divorce in Volgograd without you being there and could get all the divorce papers.If your wife could give you her copy of the Divorce Certificate, I would be able to get your own Divorce Certificate for you. It can be done very easily, provided you will give me copy of your passport and fill out a Power of Attorney form. Such a form (with instructions on how to fill it out) I can send to you. If you would not be able to get a copy of the divorce papers, it is still possible to receive the divorce documents for you. It will be somewhat more difficult, however, since some information won't be readily available. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I married my wife in Moscow and we moved to my home in England. I now want a divorce in the UK, but my wife has the original Russian marriage certificate and she refuses to let me have it. The courts in the UK require that I produce the original certificate. How do I obtain a "copy" of the marriage certificate which is a legal in the UK for divorce purposes.Answer: Yes, without of the original of marriage certificate it's not possible to divorce either in Russia or in the UK. In this month I will be in Moscow and I can get a duplicate original of your marriage certificate. In order to use it not only in Russia, the document is required to have apostille in justice authority. Usually it takes about 10 days.In order that I can get this document, prepare and send it to you, you should: 1) fill out a Power of Attorney according to template that I can send you; 2) tell me the exact information about the place of registration of your marriage and the date. It's better to email me an image copy of your marriage certificate. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Hello, My Russian girlfriend of 2 years now, states that her "husband wont give her a divorce". There fore I am unable to marry her to secure the Russian visa to stay in Russia with her and begin our family. After many visits (no money has ever been involved and things are good with us) I truly wonder if under Russian law the Russian husband can keep her from getting her divorce. In USA one person moves out and seeks divorce. Thanks - call me confused Robert back in USA until May 2003.Answer: In Russia any of the spouse also has a right to demand the divorce. The divorce case is scheduled at Russian court in one month from the date of applying. If any party would contest divorce, the court has a right to allow them a time for conciliation for three month. There are also other ways to delay the case. But usually a divorce case with preparing of all the necessary documents takes from 2 to 6 month in this country. If you would be interested, I can help you in this case.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: My boyfriend (Russian) and I (US citizen) wish to get married, but he did not seek a divorce years ago when he and his wife broke up. How can we obtain a divorce for him when he hasn't spoken to her in years AND without going to Russia? Thanks.Answer: Yes, it's possible to dissolve the marriage for your boyfriend without going to Russia. In order to start the divorce proceedings in Russia he is needed:- to prepare a notary certified Power of Attorney (I would send you the template) that allow me to act on his behalf; - have this Power of Attorney apostilled at secretary of state (it's needed to legalized the document abroad), I can also send you an example of the apostille; - send me all required documents by express mail (UPS, DHL, etc). All other actions are being provided by me. Please tell me the following data: 1. Place of residence of your boyfriend in Russia. 2. Place of residence of his wife in Russia. 3. Place of registration of their marriage. 4. Who does possess of theirs Marriage Certificate? 5. Do they have common children? 6. Does his wife agree with divorce? I can state my fee for such case then I have answers on the above questions. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am an Irish man, I got married to a Russian girl 3 years ago , but its not working. Can I get a Divorce in Russia and do I have to be there? we wed' in Mari-El....Answer: I am specialized in divorce proceeding with foreign citizens. Your divorce is possible in Russia if you wife is a Russian citizen. Please specify what does your wife feel about the divorce: does she agree or not?You don't have to come to Russia. You would have to prepare a Letter of Attorney to do work in Russia. Do you have your Marriage Certificate? And do you know address of residence of your wife in Russia? Family law : divorce and division of property. (Russia) Question: Thank you for answering my questions. You fully answered them. I have one more quick one.Following the assumption that my wife and I file for divorce in Russia: My wife and I are 50% owners of a house in the United States. Current Value of $162,000.00 and Debt of 118,000.00. I would of course like it to then be 100% my house after the divorce and have to pay nothing or the minimum amount possible to my ex wife. How would this property be handled in the Russian divorce legal system? My wife also 50% owns a apartment in Moscow that she is living in. 50% hers, 50% her mothers. Worth maybe $55,000.00. Answer: According to the Family Law of the Russian Federation, private possessional and non-possessional rights and obligations of the spouses are defined by the law of the state, in which they live together. If they don't live together, then those right and responsibilities are defined by the law of the state in which they lived together for the last time. Any Russia-related private possessional and non-possessional rights and responsibilities of the spouses who have never lived together are defined by the law of the Russian Federation. I believe that Russian Court will not divide your property located outside the Russian Federation, especially since the last place where you were living together was in the US and not in the Russian Federation (hence it would be unlawful for the Russian Court to bring any judgment regarding property located in the US). I believe that you are aware that you can sign an agreement with your wife, which would define which property and in what amounts belongs to whom after the divorce. Maybe you can agree on conditions which will satisfy you both.Regarding your wife's property in Moscow, it is important to know, when this property was acquired - before or after the marriage. Any property acquired before the marriage belongs to the spouse who acquired it. Any property acquired during marriage (with an exception of inheritance and free-of-charge transactions) typically is shared by the both spouses in equal parts, unless there is a prenuptial agreement, which says otherwise. All the best to you, Karina Family law : divorce and division of property. (Russia) Question: Can you please just clarify two things:1. that it is definitely the case that even if my client's husband applies for permanent residency in Russia, he cannot issue a petition for divorce against my client because she is living in England and her property is here? 2. Even if the husband is somehow able to petition for divorce in Russia, do the Russian courts have jurisdiction to deal with the division of any foreign property based abroad (i.e. in England)? Thank you so much for your assistance. Answer: According to the article 4 of the July 25th 2002 Law of the Russian Federation Regarding Judicial Rights of Foreign Citizens Residing in the Russian Federation, which will be active starting November 1st, 2002, foreign citizens (those who permanently live in Russia, in other words, permanent residents), have the same rights and have the same responsibilities as those of the Russian citizens, except the cases defined by the Federal Law (similar norm is mentioned in the part 3 of article 62 of the Constitution of the Russian Federation).Currently active law from June 24th, 1981 says about this in even more concrete terms. According to the article 21, foreign citizens have a right to ask for a court or government assistance to protect their private, family, and family related rights. During the court proceedings, foreign citizens have the same rights as Russian citizens. Therefore, if your client's husband gets a permission to live in Russia (i.e. permanent residence status), he can apply to courts and other government organs. Family Law of the Russian Federation also allows divorce of such marriages, however according to the article 117 of the Civil Processual Codex of the Russian Federation, the suit should be filed in the court local to the place of living of the individual. According to the part 2 of article 118 of the Civil Processual Codex of the Russian Federation, the law suit against a defendant who does not reside in Russia can be filed in the court local to the location of the defendant's property or to his/her last known place of living in Russia. Since your client does not relate to Russia in any way, I believe it is unlikely that a law suit against her can be filed in a Russian court. Family Law: termination of parental rights, rights of the child, child support. (Russia) Question: I am Hungarian, my husband is Russian and we have been living in Switzerland for the last 11 years. We married some years ago in Hungaria. After our marriage, my husband had relations with a Russian woman on one of his business trips. The thing claimed that her bastard (born autumn 2000 somewhere in Russia) is from my husband. My question is can she sue him for fatherhood recognition or/and child support (alimony) and which law and court will apply then. In Switzerland is actually so, that the mother can sue a man for vaterhood recognition only within 1 year after the birth. Then, the bastard can sue him also within 1 year after his full age (18 I think). I do not know what says the Russian law about this matter. I will appreciate your advice very much. I do not want that my family (inclusive my husband) pay anything or hear anything about this story some time later. Or worst that my child (born 99) will be confronted some time later with all this. How can I prevent this?Answer: I had to think about your situation, and I am ready to give you a consultation. Your situation is not simple, and unfortunately my consultation may only be for a fee. Let me know about your preferred way to pay for the consultation, and I will give you my information that is needed to make the payment. You will receive the consultation within 7 days from the moment I receive the payment. Write me a letter if you are interested in receiving such a consultation.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I married a Russian woman in Moscow two years ago.I canceled the visa because we did not get along. She was supposed to file for divorce but did not. She still lives in Russia. I cannot find a service that will help me get a Russian divorce. Can you send me a link or more information? Answer: I have big experience of dealing with divorce cases involving foreign citizens.If you are interested in working with me I can send you a Power of Attorney document, which you'll need to notarize. Then you will need to have it apostiled by the Secretary of State. After that, the document becomes legal in Russia. After I receive the document back from you, I can start all the required actions in Russia, and in Moscow in particular. Please let me know, who currently has the possession of your Marriage Certificate - you or your wife? If it's you then you will need to send it to me along with the Power of Attorney document. What is your opinion on whether or not your wife wants the divorce? I am ready to start working on your case and waiting for your response. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am interested in meeting with your colleague for a consultation. But I am not at the stage yet of filing documents. I am researching whether it is more advantageous for me and for my children to be divorced in Russia or in Canada. I have to answer questions such as, is a Russian divorce recognized by the Canadian courts? What are the grounds for divorce in Russia? Does it require mutual consent or can one party obtain a divorce even if the other doesn't want it? What are the rules on custody of children in Russia, on division of property if the property is mostly in Canada not Russia, on support payments, on legal costs etc..I need a consultation with a lawyer in Moscow who speaks English and knows Russian law who can answer these questions. Then I will decide if I am going to proceed. If I do decide to proceed in Russia then I have to hire a lawyer. I'd been happy to meet with your collegue for an initial consultation. He should tell me the cost if any. Answer: My colleague knows Russian law very well and has a long time experience in order to skillfully represent you in a court in Russia.But he is not English speaking well enough to contact you for consultation. And I have found that you don't speak Russian in order to receive the consultation in Russian language. In this case, if you are interested in getting the paid consultation, you can prepare a list of your additional questions. Then I send you detailed and elaborated advice in written form. Having received this advice you can decide for yourself would you divorce in Russia or in Canada. If you divorce in Russia, you can do all communications with me and my colleague can represent you directly in court in Moscow. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I married a Russian woman, September 17, 2001.We were married at the Wedding Palace in Saint Petersburg, Russia. With your help is it possible to get a divorce from this woman without me going to Russia. Answer: Yes, I have participated in divorce proceedings with foreigners.And of cause without the presence of foreign people at court. In order to start such work, it is required you get and send me a notary power of attorney with the apostille that allows me to do work in Russia on your behalf. A template of this power of attorney, my data and address I can e-mail to you after your request. At the same time you should send me the original of your Marriage Certificate. If you don't have, I can receive a copy here. But before you send originals of the documents, it's required that you e-mail me a copy of your Marriage Certificate (as image file), data of your residence, and information about your wife's residence (if she doesn't live in Saint-Petersburg - her last address in Saint-Petersburg). Also please tell me do you (and your wife) have common children, and if do, please send also a copy of Birth Certificate. Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Dear Lawyer, My husband is from India, who is working in Kuwait. I want to get a permanent residence or citizenship inorder to settle down in Russia. when ever I ask so many time taking obstacles laid by the oveer or MFA. I would appriciate your great expertise in this regard. Thanking you for a speedy answer.Answer: Unfortunately, I did not quite understand the nature of your question. Who wants to get the permanent residence and Russian citizenship - you or your husband? Please describe your situation. What connections you and your husband have with Russia? Where and when were you born, where have you been living, what is your current citizenship, what was(were) your citizenship(s) in the past, where do your parents live and what is their citizenship, do you have any relatives in Russia, where do they live, do you have children? Please provide the mentioned information for both you and your husband. Please let me know of any other facts you deem important.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am American citizen. I was married in Russia and my wife is Russian citizen. I want to do divorce after much consideration. My question is whether I can do divorce in Russia? What documents do I need to start the divorce proceedings?Answer: Because your wife is a Russian citizen and she permanently lives in Russia, and your marriage was registered in Russia, therefore, the court in Russia cannot decline to review your case, and this case can be reviewed in Russian court. In order to start divorce proceedings in Russian court you do not have to go to Russia. You can retain a lawyer in Russia and issue a power of attorney in the lawyer's name. If this power of attorney is going to be certified by US notary public, you have to do apostille for this power of attorney at secretary of you state to make this document valid outside the USA.Family Law: adoption, guardianship (Russia) Question: I am English and my wife of 2 years is Russian. We have a 14 year old daughter who also is Russian. I am not her father just stepfather. I would like to adopt her. She has not seen her father for 13 years although my wife met with him and got his permission to bring her daughter out of Russia. I have been informed that we need to get the court in Russia to agree to the adoption. What is involved? How long would it take? If we cannot find the father again is it still possible? Does my wife, her daughter or myself need to be in Russia for this?Answer: The adoption proceedings in Russian courts are not difficult but there are some particulars in such proceedings with foreign citizens. The procedure will take at least six month. Perhaps, it will take some more time. It will depend on specific facts of the case, city and court where this case will be considered. If it could not be possible to receive the father's consent, in any case you can adopt your wife's daughter in court. But this procedure will be rather more difficult and longer. The necessity of presence of you, your wife and her daughter in court will be found out during proceedings. Your lawyer in Russia can try to make this case to be considered without you based on yours and your wife's power of attorney. Also court will require to know the opinion of your wife's daughter because she is older than 10. Finally, the question about the presence of your family in court will depend on court considering this case with public prosecutor. |
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