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African Divorce

I have studied all documents that you sent. I have a few questions and the first one is whether you submitted the same documents to the court. According to the laws of the Russian Federation all foreign documents shall be legalized and translated into Russian. As your country, as far as I know, hasn’t signed the Hague Convention, 1961 all official documents issued in your country are subject to consular legalization. Lack of legalized and translated into Russian documents is a basis for refusal to accept the action. Please provide me with the copies of the documents as they were submitted to the court.

As for the merits of the matter. According to Art. 20 of the Civil Code of the Russian Federation a place of residence is a place where a person resides permanently or most of the time. According to the Tax Code of the Russian Federation a resident is a person of any nationality who resides in the Russian Federation for more than 183 days a year. Where do you pay your taxes? Do you have a tax return?

The cumulative evidence of your permanent residence and work in Russia is the basis for termination of your marriage in the Russian Federation all the more so as your child lives in the Russian Federation. Does the child attend school? For how many years has the child been attending school? Will you be able to provide a certificate proving that the child attends school? Will your employer issue a certificate proving that you are permanently employed? Did you sign an employment contract?

As the court in Khabarovsk delivered the judgment that was upheld by the court of appeal, it will be difficult to obtain a difference judgment in the same court. Therefore I want to ask whether you are ready to obtain a registration at a difference place of residence. If we register you in St. Petersburg a judge in St. Petersburg, who is not aware of the judgment delivered in Khabarovsk, may deliver a different judgment and in this case the chances of success will be higher than if we try to file an action for divorce in the court which rejected your action in the past. I would advice taking legal actions in a different court where we will achieve success faster.

In any event, I am ready to work with your case. However, I will need a power of attorney issued by you and the certificate of marriage and the child’s birth certificate (both legalized and translated into Russian) before I start the work.

I will be happy to help you.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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