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Family Law: divorce proceedings, conclusion of marriage (Russia)

Question

Is it more favorable for me to get a divorce or to prevent it?

If I should try to divorce, where should I do it? And if I get divorce in one country, for example Russia, will all the others have to accept the decisions as per custody, alimony etc?

Is it possible to get a divorce without the consent of both sides in Russia, and do we have to be in or visit Russia?

If we get divorce in Russia, what will be the possible decisions of the court, if we prove alcoholism and what if we can't prove alcoholism? Alimony, custody, division of property/wealth, and others.

How can we prove alcoholism? Especially if we will not be in Russia during the divorce process?

What will be the effects of the decision of the court in Russia on the property abroad? For example if Russia decides the goods/properties should be divided, how will this be done in United States?

Answer

Based on the background is that you gave me, you have no chance to save your marriage. Apparently, you have to divorce.

Russian divorce law is generally more liberal than foreign family law. On the whole in accordance with the laws of the majority of countries the dissolution of a marriage between the citizens of the state and foreign citizens or stateless persons, effected outside of the territory of the state, while observing the legislation of the concerned foreign state on the authority of the bodies, which have taken decisions on the dissolution of a marriage, shall be recognized as valid. Thus, a decision taken by a Russian court with the observance of rules of jurisdiction and procedure will be recognized in a foreign state.

If your wife physically moves to Russia, you can decide visitations and child support issues in Russia also. If your wife remains live abroad, you need decide disputes about children in the country where the children live. Your wife is not entitled to spousal support under Russian law.

In this case, it is extremely important for you to obtain divorce in Russia. The legislation of some European countries and other states requires that several years should pass between the initiation of divorce and the final divorce decision, because judge must resolve all issues between the spouses before marriage will dissolve. Frequently the legal proceedings themselves are much more formalized; they take up more time and require considerable legal expenses. In the same time, when accepting the submitted documents, a Russian judge appoints a court hearing within the time limits of few months.

Yes, I can make contested divorce in Russia without appearance of parties before judge. I will be glad to help you.

If you get a divorce in Russia, you will change your marital status. This means that you will be able to marry again, and be able to purchase the property, which will not be subject to division. However, to resolve all disputes in the Russian court is inappropriate. This delayed the process of divorce and will not give you any benefits. As I told you above, you can get visitations right if your wife is physically will live in Russia.

Alcoholism has a value in custody issues. This is not important for divorce.
I believe that American judge does not recognize the decision of the Russian court regarding property division, as between Russia and USA, there is no agreement on legal assistance. So, divide overseas property in Russia has no practical meaning.
Karina Duvall
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