DIVORCE

About annulment of marriage

Based on the submitted documents, marriage 1 between Husband and Wife 2, was registered by the Marriage Palace № 4 of the Civil Status Division of Moscow on 2009. This marriage was dissolved on 2010 based on a decision of the Justice of Peace of the judicial district of the Moscow Region.

At the same time I received info about marriage 2 from 2007 and Certification of Final Decree about dissolution of marriage between Husbund and Wife 1 from 2009 with regard to the case. Based on the above documents, it is evident that Husband was officially married to Wife 1 since 2007 till 2009.

Thus, as of the date of stage registration of marriage between Husband and Wife 2, Husband was officially married to another person.

In accordance with Article 12, part 2 of the Family Code of the Russian Federation, marriage may not be concluded, if there are circumstances specified in Article 14 of the Family Code of the Russian Federation, i.e.: it is not possible to register marriage between per...

My expertise concerning “Motion of kidnapping addressed to the court of Hague”

I received legal opinion concerning “Motion of kidnapping addressed to the court of Hague” by my colleague, Russian Family Attorney. I do not agree with this professional opinion.

In support of its position the Attorney attaches extracts from the legislation that, according to my professionally opinion, are not related to the pending dispute and may be used under no circumstances.

For accurate application of the substantive law rules it should be realized that the notion of custody in Russian and English has fundamentally different meaning. In the Russian language and in the Russian law custody and guardianship are introduced in relation to infants and minor children left without care of parents.

In accordance with Article 31, part 3, of the Civil Code of the Russian Federation, custody and trusteeship over minors are introduced if they do not have parents, adoptive parents, if their parents were deprived of their parental rights by the court, and if such citizens are left wit...

PERCEPTION VERSUS REALITY

In “Notes from Underground,” Fyodor Dostoevsky, perhaps the greatest novelist, certainly one of the greatest, launched a frontal assault on enlightened rationalism and the idea of progress. Intellectuals seek perfection through reason, reducing the world to nice, neat formulas. From Notes from Underground:

Perhaps the only goal on earth to which mankind is striving lies in the incessant process of attaining, or, in other words, in life itself, and not particularly in the goal which of course must always be two times two makes four, that is a formula and after all, two times makes four is no longer life, gentlemen, but is the beginning of death.

According to Dostoevsky trying to understand our feelings is not the same as feeling them, the former akin to dying while the latter is life unfolding. The human mind he says may be more irrational than rational and we deceive ourselves to think otherwise. Reason flows from our desires and is thus self serving and manipulative. Think of ...

Residence of son

Our client (for example, Ivanova) was legally married to her husband Ivanov. The marriage was registered by a registration 2000. The marriage was dissolved by the decision of the Moscowsky district court.

The parties have minor son who was born on 2001.

During the proceedings in the Moscowsky district court the parties concluded an amicable agreement Art. 2 of which is an essential condition. According to the mentioned Art. 2 “son shall reside with his mother”. The mentioned amicable agreement was signed by representatives of the parties, it was not appealed and it came into legal force. It means that the child shall follow his mother when the latter changes her place of residence.

On June 2008, Ivanova legally married U.S. citizen who permanently resides in U.S., where the family lawfully moved for permanent residence. Ex-spouses as well as their minor son are the citizens of the Russian Federation, they divorced and determined place of child's residence in the Russian court...

DIVORCE IS ALWAYS HARD

Divorce as an emotionally taxing event, has been depicted often in literature and film. Most will think of the 1989 film,“The War of the Roses” (based on book of same name by Warren Adler), in which an ongoing vitriolic battle between Michael Douglas and Kathleen Turner turns self destructive. There is We Don't Live Here Anymore, a 2004 movie by John Curran, based on the short stories We Don't Live Here Anymore and Adultery by Andre Dubus (whose son is Andre Dubus III, House of Sand and Fog). There is Kramer vs. Kramer, the 1979 Academy Award winner with Dustin Hoffman and Meryl Streep, based on the book by Avery Corman. My favorite divorce book and movie, however, is The Accidental Tourist, novel by Anne Tyler. Marriage can end with anger, greed or the need for revenge but for William Hurt (Macon Leary) and Kathleen Turner (Sarah), far more subdued than in The War of the Roses, marriage ends with profound sadness, in loneliness and alienation. The two who love each other, both need...