Divorce in Russia has as its goal not only the termination of marriage and family relations, but also the division of jointly acquired property, and is also directly related to alimony obligations and the determination of the procedure for communicating with a minor child or children, this is very important in relations between foreign citizens and citizens of Russia. The duration of such a process can be up to 3 months, since the court has the right to postpone the consideration of the case and give the spouses an opportunity to try on. Such authority is provided for by article 22 of the Family Code of the Russian Federation. If reconciliation has not occurred, the court makes a decision on divorce, which entails the consequences associated with the division of property and the determination of the procedure for communication with children. Most often, decisions on divorce are made by the Justice of the Peace, this is the court of first instance in Russia, since the statement of claim does not contain requirements for the division of jointly acquired property that requires an assessment, which entails a change in jurisdiction. If a claim for divorce and division of jointly acquired property is filed, the claim will be filed with the District or City Court of the corresponding region of the country. Our task is to take responsibility for the preparation and holding of the meeting.
In a state of mental tension, during the process, people often lose the ability to think objectively. It is for this reason that the practical and professional help of an experienced lawyer or advocate is required. Divorce in Russia occurs on the initiative of any of the spouses who filed a statement of claim, but at the same time, a reason is required to go to court, that is, the refusal of one of the spouses to dissolve the marriage in the civil registry authorities or the presence of minor children, which requires mandatory appeal to the court system of Russia.
Divorce in Russia in the absence of children
Russian legislation provides for two forms of divorce. Going to court is compulsory when the family has minor children or one of the spouses does not give consent or avoids divorce in the civil registry office. Dissolution of marriage in court becomes the only way to terminate marriage and family relations, but it is worth noting that this rule does not apply to persons who have not registered their marriage with the civil registry authorities, in simple words, the existence of a civil marriage in Russia is not regulated and such relations are not considered marriage -family and do not entail legal consequences. Russian law does not recognize «civil marriage» and it will be impossible to challenge or divide property to persons in such a relationship without concluding an agreement in accordance with Articles 244, 245 and 252 of the Civil Code of the Russian Federation. As part of the offered service, we will help you:
- Analyze information regarding the joint filing of a claim for divorce through the magistrates' court and the division of jointly acquired property in accordance with Art. 38 and Art. 39 of the Family Code of the Russian Federation;
- We draw up a statement of claim for divorce through the court;
- Determine the need to submit an application to determine the order of communication with the child or children;
- A representative will go to court to initiate a lawsuit and will represent your interests during court hearings;
- The cost of the service is 1,500 euros.
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In other cases, an out-of-court form of divorce is used in the registry office. Dissolution of marriage through the registry office can be applied when the spouses have lived separately for a long period of time, one of them has been declared missing, incapacitated or convicted by a court sentence, for a crime, with imprisonment for a long period. Divorce in court in the above cases is not carried out. Divorce in Russia has a number of features in relation to foreign citizens, since distances do not allow monitoring the actions, one of the parties may take illegal measures.
Divorce in Russia with minor children
The statement of claim is drawn up in strict accordance with the Family Code of the Russian Federation and the Civil Procedure Code of the Russian Federation and is filed at the place of residence of the defendant. A claim can be filed at the place of residence of the plaintiff if there is a minor child with him or, for health reasons, it is not possible for the plaintiff to go to court at the place of residence of the defendant. A court hearing must be scheduled within 30 days, during which the divorce will be completed. Otherwise, the case will be postponed, including a deadline for reconciliation of the parties. The time limit for conciliation is established by law and cannot exceed three months. The final decision must be imperatively resolved issues about the division of property, the procedure for communicating with children, if these requirements are stated by the plaintiff.
Divorces in Russia occur quite often, but at the same time the plaintiff, and in most cases the plaintiff is the spouse, forgets about the important components of the process, which leads to the need to go to court in the future. For your convenience, lawyers will offer you to include in the statement of claim for divorce the requirement to divide the property and, if necessary, the requirement to determine the procedure for communicating with the child.