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Contact information
Address: Pechatnikov Pereulok 22, Moscow 103045 Russia
Moscow Bar of Arbitration Lawyers
Tel. +7 495 782 3313
Fax. +7 495 6287839
info@divorceinrussia.com
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| Consultation (FAQ) |
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| Ask your question here and I will get back to you within one to three days. Your privacy will be respected, no personal information will be published on this website other than you first name. At your request your question will not be published either. |
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DIVORCE
I married a lady from Russia this year. She is now talking about getting a divorce, I don't want it, I want my marriage to work. If she does file the papers for divorce what can I do to stop it, or delay it. I want my wife to really think things over.
First of all the court must notify you about the time and the place of the court session through regular mail. You can report the court about the valid reasons behind your failure to appear and request the court to delay hearings. Also the court has the right to take measures for reconciling the spouses and the right to put off the proceedings by the case, having fixed for the spouses a three-month reconciliation term at the petition of a party.
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My fiancee is getting divorced from her husband she lives in Novgorod, Russia. How long does a divorce take in Russia?
It can take from a month to more than a year, depending on:- the consent of the second party to the divorce - the presence of counter claims (over property, children etc.)- actions of the second party designed to deliberately draw out the process. In the event the process becomes unreasonably protracted, I would suggest your fiancee uses legal services.
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I am an American working in St Petersburg. I wish to divorce my wife, also American, who is living in the U.S. Is it possible to file from here?
The issue boils down to who initiates the divorce proceedings, as this decides jurisdiction.
If you initiate the divorce, a Russian court can only hear the case if your wife has lived in Russia at some point. If she has, the case would be heard in the district court at her last place of registration. If she has not lived in Russia, the case falls under the jurisdiction of an American court. However, if your wife is prepared to initiate divorce proceedings then she could do so in the St. Petersburg district court through a representative (lawyer) or personally if she wants, given you currently reside in Russia.
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Hello. I am a New Zealand citizen living in Indonesia, my wife is Russian and we were married 3 years ago at the Russian Consular in Jakarta Indonesia. I am still in Jakarta and my wife is living in Moscow. We have no children and both agree we want to divorce. What is the procedure to divorce as we are now living in different countries and I want to avoid traveling to Moscow to process the divorce.
A divorce in Russia would require a court case, though this would be relatively straightforward when both spouses agree to it. To avoid traveling to Russia for the case you could make a power of attorney for a lawyer to represent you. The lawyer would also require the original of your marriage certificate and a written consent of your wife to a divorce.
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I am British, my wife is Russian living in Moscow. We have a daughter 3 years old. What documents do I need to start the divorce case.
To start the divorce proceedings you would need the original of your marriage certificate, the original or a notarized copy of your child's birth certificates and a written consent of your wife to a divorce (if she does agree).
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CUSTODY OVER CHILDREN
I have twin 5 year old boys who lives with their mother in Moscow. I am an US citizen and the boys are both US and Russian citizens. The mother is just a Russian Citizen. We have no written agreements. We have been able to work together regarding the child until recently. She does not want the boys to have 90 days visitations here in the US. What are my rights? Do we need legal documents in Russia or the US? Does Russian law permit long visitations like this? Please help.
Under Russian Family Law a father is entitled to visitation rights in the event parents separate and the mother has full custody over the children. Visitation can be arranged via a parental agreement or through a judge in the event the parties fail to achieve agreement and need to go to a court. However, an American court decision does not have jurisdiction on the territory of Russia; as a result, it makes sense to go to a court in the country where the parent with full custody of the child intends to reside permanently. Hence if a mother is planning to return to Russia, a Russian court ruling is the only guarantee of visitation rights for the second parent in this country. The length of visitations depends on several factors including child?s will to be away from the main parent for an extended period, his/ her school schedule etc. etc.
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My fiancee is leaving Russia to come to Michigan, where we will get married. She has a 14 year old daughter who wants to come with her to Michigan. The girl's father, divorced from my fiancee ten years ago, objects. He does not pay support nor visit the child. There is no written agreement on child custody -- the girl always lived with the mother. Is there any law in Russia that restricts taking the 14 year girl with her to Michigan? Does she need permission from the father?
If so, what can be done if he refuses to give his permission?
Under Russian law your fiancee does not need the second parent?s permission to leave the country with the child (Article 20 of Federal Law on Procedure for Exiting and Entering the Russian Federation) unless the father files a special claim to Custom services forbidding the child leave the territory of Russia (which is his right to do). The second parent's written consent is the requirement of foreign embassies before issuing visas to the children of divorced parents. In this case a mother should file for court's permission for her child to leave the country.
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I am trying to find out what happens if my wife who has dual citizenship in the U.S. and Russia takes my child to Russia and does not bring her back. Am I able to have my child returned to the U.S.
Russia is not a party to the Hague Convention on International Child Abduction (civil). Therefore you cannot obtain a court order to return your child to the US in the event your wife (as the child?s mother) decides to stay in Russia with her daughter. You would have to apply to a court for it to determine the child?s proper place of residence.
In the majority of such cases a Russian court will rule in favor of the mother, especially given you have a daughter as the court will generally view a girl as needing a mother?s care and attention (it's rather traditional here). The only case where a mother's claim for full custody would be rejected is in the event it is proven she has an illness preventing her from caring for the child (mental or physical disability) or in the event of anti-social behavior (drug-taking, alcoholism). However, as her father you could try to challenge the decision or at a minimum ensure your custody rights to visit the child and travel with her abroad.
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I am married a woman from Perm. She has a son of 8 years of age from her first marriage. I live in Norway and she and her son in Russia. She can not get her son out of Russia. We have been fighting for three years by now and still no way out. Can anyone help us with this problems. Or it will end up with the divorce which we never wish this to happen.
A court can grant permission for a child to leave the country. Some lawyers may suggest your wife seek to deprive the father of his parental rights to exclude him from all issues relating to the child; however, this is a complicated process and requires a very serious basis and is not the route I would take.
The most straightforward option is for your wife to apply to the court for permission for the child to leave the country. Your wife should provide the court with evidence the two of you are married and that you are ready to accept the child as a member of your family. You will need to demonstrate to the court that you will provide the necessary financial/material support for the child, that you have a place to live in and that there is an opportunity for a Russian-speaking boy to continue his education in Norway.
I have been involved in several cases of this kind and the court has never rejected such an application.
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I am a family lawyer from Australia. I have a client that is a Russian citizen and has a child to an Australian citizen. The parties are now separated and our client wishes to travel to Russia for a holiday with the daughter of the relationship. My client is on the Airport watch list and must obtain the fathers written consent to travel to Russia with the child which the father refuses to give.
The father is arguing that as Russia is not a party to The Hague convention it would be very difficult for him to have the child returned should the mother abscond. What assurances could we give the father in relation to the Russian family law system? Is there any documentation intimating that they would be helpful to a parent should a parent not want to return to Australia. Are the services affordable for a father in this situation etc.
Russia is not a party to the Hague convention and it is not a criminal or any other offence if the mother refuses to return the child to Australia. The father, unfortunately, is justified in his concerns.
In the event the mother did not come back, the only way the father could possibly return the child to Australia (a big if) would be to go to a court in Russia to claim for custody or visitation rights. However, that process might take several months, as there is no such thing in Russia as a court order to return a child to his/her homeland.
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GETTING MARRIED !!!
We want to get married in Moscow and my girl friend thinks it might be a big deal on the paperwork. I got all the information from the U.S. embassy and know what to do. Is there any paperwork we can do before I come to Moscow or do you think she will need to talk to you before I come to Moscow?
The procedure for marrying in Russia is quite straightforward. Once you arrive in Moscow you need to register your visa (with a hotel or landlord), get a certificate of no impairment (i.e. that you are not married) and get a notarized translation of your passport. The US Embassy has no doubt set all this out. You then go to the registry (Wedding Palace #4 in Moscow) with your application. The date of marriage should be set in about a month. If your wife-to-be needs any advice on legal issues related to marriage I would be happy to help her.
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CHILD AND SPOUSAL SUPPORT
Could you provide by law what percentage of the father's income should go to child support? Is it before or after taxes?
Family Code of the RF. Article 81.
The Amount of Alimony, to Be Exacted for Underaged Children Through the Court
1. In the absence of an agreement on the payment of an alimony, the alimony for the underaged children shall be exacted by the court from their parents monthly in the amount of one fourth of the parents' earnings and (or) of another kind of income for one child, one third - for two children and a half of the parents' earnings and (or) another income - for three and more children.
2. The amount of these shares may be reduced or increased by the court with account for the material situation or the family status of the parties, and also for other circumstances, worthy of attention.
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If you marry a Russian girl with a child in Russia and live in Russia and divorce, do you pay alimoney? Can you get a prenup agreement in Russia?
Russian Family Law stipulates alimony for children (in the event you adopt the child or the child is yours) until age 18 and alimony for the spouse in a number of cases. Two people entering into a marriage can sign a pre-nuptial agreement regulating issues like spouse alimony in the event of divorce.
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FEES
Me and my wife both agree to divorce. How much is it for you to represent my interests in divorce? Would the divorce be easier if I retain a lawyer in the city that she lives in?
If you are interested in my services feel free to e-mail me at: info@divorceinrussia.com or call me at +7 495-782-3313 and we can discuss the terms.
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| Also... |
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Divorce in Russia
the procedure of divorce in Russia: civilian registry offices or legal procedure. Questions of jurisdiction of a Russian court. Legal issues of a divorce complicated with a 'foreign' component: spouses are citizens of two different states, spouses are living on the territory of a foreign state, or spouse have no citizenship at all.
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Child custody in Russia
When parents take a decision to separate the question arises on who their child(ren) should remain with. Specificities of the Russian legal system.
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Alimony and child support
Russian divorce law is rather straightforward in relation to spousal and child support. In this section we look at the major issues related to child and spousal support in a divorce in Russia. Child support rates, alimony agreements.
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Spousal property division
In a Russian divorce, the basic issue governing property division is that assets purchased during the marriage become the joint property of the husband and wife and in the event of a divorce are divided equally between the two parties. It makes no difference whether one spouse did not work at all during the marriage or both spouses worked equally for the money.
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