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New answers by the procedure divorce, adoption of child, guardianship, alimony etc in Russia and other countriesFamily Law: divorce proceedings, conclusion of marriage (Russia) Question: My wife and I were married in France. She is a Russian citizen, residing in Russia. I am a US citizen residing in the US. We have been separated, without any formal court proceedings, for over 1 year. We would now wish to be divorced. Neither of us wishes their expense to travel to appear in court in another country. There are no children and all property, etc. is already divided. My state in the USA has a long waiting period, especially if both parties do not appear. Can my wife arrange the divorce in Russia, without my appearing? And, if yes, how long would such a divorce take to get? Thank you,Answer: In your situation it's better that you initiate the divorce rather than your wife because if she initiate the divorce, it would take more time. Moreover, she will not be able to get divorce documents for you. I can conduct your divorce. Your should deliver me your Marriage Certificate, copies of passports of parties and Power of Attorney to conduct your case; I will prepare text of the Power of Attorney. I also ask you to let me know place of residence of your wife in Russia.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Can you tell me how much it will cost to divorce my wife? i live in England and she lives in Moscow. We have a 13month old baby. \npeterAnswer: Price for the service depends on the amount of work required, level of difficulty involved, and actual time spent.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Thank you for your helpful email. \nMy partner is a Russian citizen. She has given her mothers home as permanent resident. She is trying to divorce under Swiss law but her husband refuses and it can take 5 years. She is temporarily with me in the UK. Her husband has not issued any divorce proceedings. \nShe has also just filed papers in Russia. The marriage took place to her Swiss husband in Switzerland and she has filed papers with the apostille stamp to the Russian Court in Kineshma. She has filed with apostille stamp her Swiss marriage certificate. She has no children with this man. \nThe city of residence is Kineshma near Ivanovo. \nAfter she has filed the papers what happens next? \nWe have a lawyer in Swiss in the town where her husband lives and he is able to contact her husband. \nIt sounds like there is this three month period- what if he refuses to co-operate, for example if he is sent papers and refuses to sign them or he goes traveling overseas for a few months? \nIf he refuses to cooperate how long after this period will the divorce be issued? \nYour help is much appreciated.Answer: As far as I understand correctly, your partner did filed a suit about divorce to court. Right? If so, could you send me copies of all the documents filed to the court. Who did prepare the documents for court? What method was state duty paid? If all the documents were prepared by a lawyer, why have you addressed to me? If it's needed I can plead your case. But unfortunately if I don't see documents and if I haven't worked closely with your case, it's difficult to me to provide you with comprehensive advice and help.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: How can I divorce my American husband in Moscow? I'm working in the States, but I’m also a resident in Moscow. Thus, we got married in Malta and by the local law I'm authorized to obtain a divorce either States or Russia. Plus, I would like to know cost to hire you.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I have a complex question. I have a friend who is an Israeli citizen, who is facing deportation. He was married ten years ago, in Russia (the Ukraine). His wife is also Russian, now a citizen of Israel. My friend is currently being held for criminal charges--attempted grand larceny. It's a case which in all probability will be dismissed, but upon dismissal my friend will be transferred to an immigration holding facility. Thereafter I believe he will most likely be deported, because he did not have a permit/license to work and has no ties to this country, and no visa. He is in love with an American woman and she is in love with him, but he has been avoiding divorcing his first wife. Now he thinks marrying our American friend could be the only thing to keep him from being deported, but I don't even know what that would entail. It certainly seems like a long shot, not just personally complicated. What would be involved in obtaining the divorce? Is it necessary to go to Russia? Can he and his first wife file here, and what is the likely timeframe?Answer: Unfortunately, I can provide you with information on the divorce procedure in Russia and Ukraine only. To answer your questions, I need to know both spouses' citizenship, where they live currently in Russia or Ukraine, and also see the copy of their Marriage Certificate.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Would it be possible to verify first for me if I am divorced or not. \nThank you for your time. J.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: We talked a couple of days ago about a divorce case for my sister. I talked with her afterwards, and found out that her husband's official address is not in Saint Petersburg, but in the same town close to Archangelsk, although he currently lives in Saint Petersburg, and does not plan to attend the hearing.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: My partner is Russian citizen. She has been married to a Swiss man for 2 years and living in Switzerland. She has Swiss B permit. Her husband is refusing under Swiss law to give a divorce, he can refuse for 5 years. Can she divorce under Russian law if she remains in Swiss or does she need to return to Russia? What happens if her husband refuses to give divorce under Russian law? Approximately how long will the process take?Answer: If your partner has a permanent place of residence in Russia and has Russian citizenship, she can divorce in Russia. The divorce proceedings can be performed without personal presence of the parties; the plaintiff can draw a Power of Attorney to a lawyer to conduct the case in court. \nThe fact that defendant is living outside of Russia and refusing the divorce, it could complicate the divorce because he should be notified about the divorce hearing via consulate in Swiss. \nIn case of disagreement about divorce, the court would provide the parties of term to make peace for 3 months. And then without agreement the court dissolves the marriage. The only barrier for divorce in Russia could be the situation if the defendant has filed for divorce abroad to foreign court before. Such his situation is rare but I should warn you about this. Could you please inform me what city in Russia has she place of residence? Where her marriage was registered? Who does possess their marriage certificate? Does she have minor children born in the wedlock?Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I've met a woman from Russia who has a green card and lives in the US. She and her husband separated some years ago, and she brought her children with her. She has never divorced him, but would like to do so now so we can be together. Can you do this for her in Russia? Does she have to travel to Russia to do this? Thank you for your advice.Answer: Yes, she can divorce in Russia. It's not needed to travel to Russia; she can prepare a Power of Attorney in order to a lawyer conducts the divorce case in Russia. I deal with such cases and provide assistance in the divorce questions. \nCould you please inform me what city in Russia did she live? Where does her husband live? Who does possess their Marriage Certificate? Where was the marriage registered? \nI would be glad to help you.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am filling out paperwork for K1 for Fiance. She is divorced. I need to know what date I put down on paperwork for Final Decree of divorce. These are my choices: Entry made in Registry Book 18 August 1997 or Date of Issue of Certificate of Divorce 13 Oct 1997 or Resolution of Kolpinsky Court came into effect on 25 July 1997\nThank youAnswer: In accordance with Russian Law, the date when court's decision comes into force is considered the moment of the divorce.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: Hello, I have been married for under 2 years with an Estonian / Russian woman. We married in England. We lived together in England but have now separated. I believe my wife is now in Moscow but I cannot contact her (she doesn't answer emails / phone calls). A mutual friend tells me that she won't give me a divorce and that i will have to wait 5 years to divorce (law in England is 5 years without consent) I would like to know if it is possible to divorce her in Russia without her consent? I have been told that this is possible and will take 4 months. If it is possible I would like to know how and how much will it cost. \nthank you for your help\nPeterAnswer: You can dissolve your marriage in Russia provided your wife is a Russian citizen and has a permanent residency. It's also very important that: \n1) No other foreign or Russian court to hear a similar suit filed by your wife and \n2) No other court has already decided on that matter. Repeated suit filing on the same matter is not allowed. \nIf the conditions I mentioned can be satisfied, I would be able to handle your divorce case.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I and my wife are both Russians and were married in Leningrad. We have a 13-years old son. Currently we are Green Card holders and live in San Diego. I decided to go back to live in Russia where we have apartments (privatizirovannaia kvartira gde mi propisani). My wife refused to return to Russia. She filed a false Domestic Violence case against me to get favorable child custody conditions. She plans to marry another person. Can I file for divorce when I come back to Russia and what will happen if my wife refuses to attend the court session in Russia? What are my chances to receive 50/50 child custody? \nThanks in advance for your answer. You can send it back in Russian, if you want.Answer: I think we will be able to help you in this matter. Please send us the detailed information by email.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am Canadian Citizen in Canada, married to Russian Girl still in Russia. We were married Jan 24, 2003 in Novosibirsk, Russia. She is was a divorcee with one child before marriage. I am a divorcee with 3 children before marriage. I have the Russian marriage certificate. Consummate of marriage vows has not taken place. She has cell phones which have been disconnected. Sometimes I can reach her at parents phone. She has not given me her residence address. She tells me she is sick and needs alot of money for operation. But she will not produce a doctors letter. \nThere are always some reasons why she cannot complete paperwork for immigration. \nI have sent her money to help with immigration costs but still not have received any paperwork from her. \nMy request for a scan with a my last name on passport has been denied. \nMy repeated request for communciation have been denied. \n I was told that a Russian divorce is cheap and there is a less waiting period then marriage. And it is done through ZAGS office. \nCan you answer me a few questions about this procedure. What is the time frame to which this can be completed? Is she entitled to maintenance or child support? \nWhat are the costs involved in this procedure? \nPlease reply with any information as it would be greatly appreciated.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: How do I proceed with a Russian annulment of marriage? What are the requirements for annulment? What are the requirements for divorce? What is the timeframe for completion of either? What are the costs involved? \nStats: \nRussian wife in Novosibirsk\nShe has one kid\nI have 3 kids\nmarried Jan 2003\nwaiting for your replyAnswer: If I understood you correctly, you and your wife don't have children from that marriage – your hildren and her child are from previous marriages. Where did you register your marriage? Who possesses the Marriage Certificate? \nMarriage annulment is performed either by offices of ZAGS if both spouses want to divorce or by the courts if one of the spouses wants to divorce. What is your wife's position towards the divorce? \nHere is the situation regarding the payment. I am asking you to answer my questions and ask me any other questions to clarify the situation. I am also asking you to send me an electronic copy of your Marriage Certificate.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am married to a Russian: we married in Russia in 2000 year. I want to live in UK: she in Russia. We have a son 5months old. I need APPLICATION form to divorce in the CYT: Russian court. I have a friend who will help me. Do you have this form? Can you send it to me. I heard I will have to pay 25% maintenance for the child: is this true? How they force me to send the money from England??Answer: Unfortunately, your friend would not help you: in accordance with Russian law, you cannot claim for divorce unless your child is more than 1 year old. Also, under your spouse's demand, you could be charged alimony for child maintenance (1/4 up to 18th birthday of your child) and also for your spouse maintenance (up to 3rd birthday of your child). \nThe more detailed information I cannot provide as a free of charge consultation.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: 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.Answer: I personally handle divorce cases in Moscow and all over Russia. If you are interested in cooperation, I will send you the text of Power of Attorney agreement, which you will need to fill out. To do that, I need to know the information on the parties involved (last names, first names, addresses - yours and your wife's). Please also send me a copy of the Marriage Certificate (in jpeg format), and also let me know who possesses the original Marriage Certificate.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: My wife and I, both English, want to divorce outside of the UK. Can we divorce in Russia? My wife will sign a settlement at her Lawyers and will not travel. We have lived apart for 9 years. RegardsAnswer: Unfortunately, in your situation it is not possible to divorce in Russia in accordance of law of Russian Federation.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I live in Canada (permanent resident). I have got married for six months (He lives in Moscow). It happened in Moscow. \nHow could I get a divorce?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: I am a Russian citizen who married an English citizen in Russia. My husband has dissapeared over a year and half ago. I live in Tel Aviv as I made aliah last year. I have no idea of his whereabouts, but want to divorce him. In Israel it proves to be practically impossible without his presence and consent. Can I divorce him in Russia without his consent and presence?Answer: Yes, I have participated in divorce proceedings with foreigners. \nAnd of cause without the presence of foreign people at court. \nIn 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.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: I am a lawyer in the United States (New Jersey). I have received a copy of a document which is represented as a Divorce Certificate dated March 28, 1995. I believe it is a fake document. I do not have a translation yet. \nHow can I check out if it is a fake or valid? Is there an investigator or attorney in Russia I can hire??Answer: Probably I can help you. For now, please send me an image copy of the Divorce Certificate (as-is, in Russian, I don't need the translation). |
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