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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: 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 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).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: My wife said that she divorced me 3 years after we get married in Moscow. This is because I could not bring her to the U.S. Also, she did not send me any paperwork or documents about the divorce. How do I verify that she indeed divorced me and how do I get the divorce certificate without going back to Moscow. Thank you for your time.Answer: You should receive now court decision and Divorce Certificate in Zags office and have it apostilled. I can do all of these for you. To do it, you should send to my address: Power of Attorney with apostille in order to I act in Court and Zags on your behalf (I will send you the text); notary certified copy of your passport with apostille and pay my fee. I can start work immediately after receiving of your payment. Please advise me about your decision.Family Law: divorce proceedings, conclusion of marriage (Russia) Question: My wife and I are U.S. citizens (not of Russian origin) living and working in Russia. How can we get a legal separation document in Russia? We plan to separate now and divorce 6 months to one year later in the United States.Answer: You can dissolve your marriage under the laws of the United States by going to the American embassy in Moscow. You may also accomplish your goal under the laws of the Russian Federation provided that either of you have lived in Russia legally for long time. Under what status you and your wife live in Russia? Do you have adolescent children? Have you and your wife already reached an agreement on the dissolution of the marriage? In case you and your wife have legal grounds to terminate the marriage under the laws of the Russian Federation, I am ready to represent you.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: My boyfriend is an American citizen (formerly Russian citizen) and wants to file for divorce to someone who is still a Russian citizen, living in Russia. This person stated they will contest the divorce even though they have never lived together, nor seen each other in 4 years. Is there such a thing as annulment of marriage in Russia (since they have never lived together)? If he files for divorce and she contests the divorce, how long can the process take? I'm sure he is going to have to hire a lawyer to represent him, so any advice will be appreciated. Thanks! Also, can you be reached by phone on the weekends if he decides to retain a lawyer from your firm?Answer: In Russian legislation there is no such term as "annulment of marriage". There are terms "break marriage" and "acknowledge marriage void". The acknowledgement of marriage as void implies that marriage was registered either with breach of the law (such cases are described in the law) or without goal to create family, i.e. pro forma marriage (such case are very difficult to prove and I consider this hopeless). So, in your case the only possible way is to break marriage (divorce), not annulment. The divorce case is scheduled at Russian court in one month from the date of applying. If his wife 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. \nIt is very important to know the exact address of residence of his wife in Russia. And it's advisably to hire a lawyer for the divorce because it's very difficult and long term to prepare all the necessary documents and get the divorce oneself, especially if he doesn't live in Russian and considering position of his wife. \nOf course your boyfriend can call me at +7-921-946-0582 and I can speak with him in Russian language.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: I married with a Russian woman. We buy a flat in Spain. Now we are divorced. We live in Russia. Can we go to the Spanish courts to divide this property? Thanks a lot.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: Hi. my question about how can I get a divorce from the Russian citizen. I got married 3 years ago and US government never let her came to USA. I have not seen her since then. Recently I contacted her regarding divorce and she declined.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: 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: Could you please advise the steps (documents) you would require to process a divorce? The marriage is registered in Moscow. Also, what would be the approximate fee for this service?Answer: In order to start divorce proceedings in Russia you need: \n- notary certified Power of Attorney (I will send you the template) that allow me to act on your behalf; \n- have this Power of Attorney apostilled at secretary of your state (it's needed to legalized the document abroad), I can also send you an example of the apostille; \n- send me by express mail (UPS, TNT, DHL, FedEx etc) the Power of Attorney, original of your Marriage Certificate and photocopy of your passport. \nAll other actions are being provided by me. \nPlease tell me the following data: \n1. Citizenship of your wife. \n2. Place of residence of your wife in Russia. \n3. Do you possess of the original of your Marriage Certificate? \n4. Do you and your wife have common children?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 proceedings, conclusion of marriage (Russia) Question: I married a Russian lady, and after 6 years of marriage, we are divorcing. I found her diary which details her plan to divorce me after she got her passport, and her plan to bring her Russian boyfriend over to marry him. I would like some information on how common this is, information on how Russian law divides assets, and Russian law on bad faith.Answer: It is a philosophical question about "how common this is" and I cannot make legal estimation this way: all people are different, for someone marriage is needed for citizenship and material comforts, someone has other meaning about family and marriage. \nAbout legal side of this issue: your marriage can be dissolved both is the USA and in Russia. In case you will decide to divorce in Russia, I can participate in this proceedings in court and in ZAGS (full cycle until you receive you divorce certificate). \nBecause your common place of residence is the USA, assets should be divided under law of your country. Russian court doesn't have the jurisdiction for assets in your situation. \nBest regards, \nKarina Krasnova, attorney at law |
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