DIVORCE

Answer:

An obligation to support disabled parents is provided for by Russian Law. Herewith Russian legislation puts this obligation upon all adult able-bodied children (Art. 87 parts 2, 3, 4 of the Family Code of the Russian Federation) depending on parents’ indigence, financial and marital status of parents and children and other noteworthy interests of the parties. For the purposes of determination of alimony amount the court is entitled to take into account all adult able-bodied children of such parent irrespective of whether the claim has been raised against all or any of them. In case of exceptional circumstances (serious illness, parent’s injury, need for care payments and other) adult children can be obliged by the court to bear additional expenses incurred by such circumstances.
US Law doesn’t provide for such children's obligations to their parents. Due to this reason your mother’s claim in a US court might be unsuccessful.
But your mother has a right to prosecute such claim in a Russian court. She can do this irrespective of your place of residence or citizenship but in this case jurisdiction is undoubtful as you are a citizen of the Russian federation and you are registered in your mother’s apartment.
Rendering of such judicial decision in your absence and without notifying you seems problematic as for rendering the decision the court shall verify and assess the circumstances mentioned above namely your financial and marital status and other noteworthy circumstances which will be extremely problematic in your absence.
Suppose the decision will be rendered and you will have to pay alimony to your disabled mother you should bear in mind that the USA and Russia haven’t concluded a legal aid treaty with regard to civil and family cases therefore any judgment of a Russian Court is not subject to mandatory execution. A decision concerning execution will be taken by a public official on the basis of international and national legal provisions given consular certification or apostille (according to the Hague Convention of October 05, 1961). Execution of judgment in the USA is quite complicated, expensive, long and of little promise due to lack of the mentioned treaty. Nevertheless, in case your mother initiates such action you shall properly elaborate your defense and not think that the matter will be solved of itself.
Concerning renouncement of Russian citizenship I would like to draw your attention to the fact that your alimony obligations to your parents as well as jurisdiction doesn’t depend on your citizenship in case your mother prosecutes a claim. Nevertheless you are entitled to renounce Russian citizenship. Russian citizenship is renounced in accordance with Art. 19, 20 of the Law of the Russian Federation “Citizenship of the Russian Federation” (as amended on January 03, 2006): a citizen of the Russian Federation residing in the territory of the Russian Federation is entitled to renounce Russian citizenship on the basis of free expression of his/her will in accordance with the general procedure; a citizen of the Russian Federation residing in the territory of a foreign country is entitled to renounce Russian citizenship on the basis of free expression of his/her will in accordance with simplified procedure. Russian citizenship can not be renounced in case a citizen of the Russian Federation has got unfulfilled obligations to the Russian Federation established by the Federal Law; a citizen is an accused in a criminal case or there is an enforced serviceable condemnatory judgment with regard to such citizen; a citizen doesn’t have foreign citizenship and/or a guarantee to obtain the same.

Karina Krasnova

Answer:

According to Art. 90 part 1, Art. 91 of the Family Code of the Russian Federation a disabled impecunious former spouse who became disabled prior to divorce or within a year from the date of divorce; an impecunious spouse who reached pension age within five years from the date of divorce in case the spouses were married for a long period of time is entitled to claim for alimony payments from former spouse. In case former spouses do not reach agreement concerning amount of alimony payments, such amount shall be determined by the court on the basis of financial and marital status of the former spouses and other noteworthy interests of the parties, such amount shall be fixed and paid monthly. Given circumstances mentioned in Art. 92 of of the Family Code of the Russian Federation a former spouse can be relieved from his/her duty to support the former spouse or such support can be limited by time. Such circumstances include inordinate drinking, commission of an intentional crime resulted in invalidity, short period of marriage, disgraceful behaviour of a former spouse claiming for alimony payments.

Karina Krasnova

Answer:

Surely it would have been reasonable to conclude the marriage before conclusion of the mortgage credit agreement. However you will have a right to a part of the apartment equal to 1/2 of the part of the apartment repaid after the date of state registration of the marriage. In case any disputes arise this right will have to be judicially proved. In case you claim to one half of the apartment you’d better conclude a marriage contract provided that your husband doesn’t mind.

Karina Krasnova

Answer:

According to Art. 34 parts 1, 2 and Art. 39 of the Family Code of the Russian Federation all property acquired during the marriage is considered to be common property of the spouses. Property acquired during the marriage includes income of spouses, movable and immovable property acquired during the marriage irrespective of the fact whose name it was registered on or who contributed the money. In case of division of the common property, spouses are considered to have a right to equal shares in such property unless otherwise mentioned in a marriage contract concluded between the spouses. A court is entitled to adjudge a bigger share to one of the spouses taking into consideration minor children’s interests.

Karina Krasnova

Answer:

It was a mistake to register the apartment in your name as all property acquired during the marriage is considered to be common property of the spouses (Art. 34 of the Family Code of the Russian Federation). As the apartment sold by your mother was not your property it is quite difficult to consider this apartment to be your personal property. Nevertheless this matter is within the competence of court.

Karina Krasnova

Answer:

Termination of parental rights doesn’t dispense from alimony payments. According to Art. 71 part 2 of the Family Code of the Russian Federation termination of parental rights doesn’t dispense parents from their obligation to support their child. Conclusion of a marriage between the mother and a foreigner doesn’t oblige the latter to adopt her child. A child can be adopted in accordance with the procedure established by the law on the basis of a written application of a person desiring to adopt the child (Art. 125 of Family Code of the Russian Federation); it is a right but not an obligation of a person. I assume that the child has the same immigration status as his/her mother does and requirement of the alimony payment is lawful. In case the child was adopted alimony obligations shall be terminated on the date of adoption but not prior to that date. It is not a concern to issue a new power of attorney in the territory of Austria. Such power of attorney shall be legalized in accordance with Art. 4 of the Hague Convention of October 05, 1961 in order to be valid in the territory of the Russian Federation.

Karina Krasnova

Answer:

Actions of Civil Records Office employees are lawful. According to Art. 48 part 2 of the Family Code of the Russian Federation, in case a child is born in marriage or within three hundred days from the date of divorce a husband (ex-husband) of child’s mother is considered to be child’s father unless otherwise proved. Paternity of a spouse of child’s mother is certified by a record of their marriage. A similar provision is contained in Art. 17 part 2 of the Federal Law of the Russian Federation “About Certificates of Civil Statutes” according to which in case a marriage between child’s parents has been dissolved but the period form the date of the divorce to the date of child’s birth doesn’t exceed three hundred days, information about child’s father shall be entered in the birth certificate in accordance with the marriage certificate of child’s parents or any other document certifying state registration of the marriage as well as a document certifying the fact and the date of marriage dissolution. Therefore this issue may be solved only judicially.

Karina Krasnova

Answer:

In case the child is not an owner of a part of the mentioned apartment, you do not need Custody Agency’s consent which means you do not need second parent’s consent either. In case the child is an owner you need the consent.

Karina Krasnova

Answer:

I think we will be able to help you in this matter. Please send us the detailed information by email.

Karina Krasnova

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.

Karina Krasnova

Answer:

I am a member of Saint-Petersburg Bar association and I can work on your case in Moscow too. Please send me all the information about your divorce by email. Thanks.

Karina Krasnova

Answer:

Indeed it's possible to find out if the divorce took place. You will need to give that lawyer Rights of Attorney, so he/she can get access to the requested documents. If indeed the divorce took place, the lawyer will get the divorce certificate, legalize it and send it to your brother. Let me know where your brother's wife was living and I will be able to help you.

Karina Krasnova

Answer:

I have long time experience in divorce cases involving foreign citizens. If you are interested in working with me I can send you a Power of Attorney. When I receive the Power of Attorney signed by you, I can start all the required actions in Russia. Could you please let me know what city in Russia she lives? Who does possess the Marriage Certificate? Where was the marriage registered? I am ready to start working on your case and awaiting for your response.

Karina Krasnova

Answer:

In your case it's advisably to divorce in the USA. But it's possible to divorce in Russia if your wife has place of permanent living in Russia and she has not lost Russian citizenship.

Karina Krasnova

Answer:

If you temporary live in Russia and permanent residence and citizenship of spouses is USA, the marriage should be dissolve in the USA. Please specify what else does connect you with Russia besides of work. Please specify place of living of the respondent.

Karina Krasnova

Answer:

I can find out whether your divorced took place or not. After that we can discuss the fee.

Karina Krasnova

Answer:

Divorce is not connected directly with property rights of child. If child owns property in Saint-Petersburg, the divorce of parents will not affect his rights. If child is only registered at place of residence of his father, in this case father can file to court to cancel his registration because the child lives in other place and in other country. If husband files such suit, you will need a housing lawyer in Saint-Petersburg.
I cannot send you a pattern Power of Attorney because I prepare each Power of Attorney individually. The text of Power of Attorney for your case I will prepare and send you if we start common working. A template Apostille there is in attached file.

Karina Krasnova

Answer:

I specialize in international divorce cases, wherefore I can take your case if you so desire. Can you let me know please where your son was born?
To handle your case, I need to receive permission from you, text of which I will send to you. This permission will need to be notarized and apostiled. Have you done it before? If not, I will send you an example of the apostile.
I can get a copy of your Marriage Certificate in St. Petersburg. As for your child's Birth Certificate - it depends on where he was born.
My work will start as soon as I start working on the documents to be filed with the court and ends upon receiving the apostiled Divorce Certificate, which I will send you.
If you agree with these conditions, send me please the addresses of the parties and electronic copies of your Marriage Certificate and your child's Birth Certificate.

Karina Krasnova

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.

Karina Krasnova

Answer:

Price for the service depends on the amount of work required, level of difficulty involved, and actual time spent.

Karina Krasnova