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Divorce Judgement

JUDGMENT IN THE NAME OF THE RUSSIAN FEDERATION

Justice of the Peace of Judicial District, Moscow Region

in open court considered the civil case initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXXXXXXXXX, and

DISCOVERED THAT:

The plaintiff filed the divorce action against the defendant stating that the marriage was irretrievably broken.

The plaintiff is a citizen of the United States of America; the plaintiff is a citizen of the Russian Federation. The parties got married in the United States of America.

According to part 1 of Art. 158 of the Family Code of the Russian Federation a marriage between a citizen of the Russian Federation and a foreign national or a person without citizenship concluded outside the Russian Federation in accordance with the laws of the country, in which the marriage was concluded, is valid in the Russian Federation provided that there are no circumstances preventing conclusion of the marriage.

According to part 1 of Art. 160 of the Family Code of the Russian Federation a marriage between a citizen of the Russian Federation and a foreign national or a person without citizenship can be terminated in the Russian Federation in accordance with the laws of the Russian Federation.

According to clause 8, part 3, Art. 402 of the Civil Code of the Russian Federation a court of the Russian Federation is entitled to try a divorce case if the plaintiff resides in the Russian Federation or at least one of the spouses is a citizen of the Russian Federation.

As the defendant is a citizen of the Russian Federation and resides in Moscow Region, which is confirmed by a copy of her passport, the case will be tried by the court at the defendant’s residence.

The Plaintiff hasn’t appeared before the court and asked to try the case in his absence subject to notification of his attorney acting by virtue of a power of attorney. No petition for adjournment of proceedings was received. Based on part 5, Art. 167 of the Civil Code of the Russian Federation the court deemed it possible to try the case in the absence of the plaintiff.

The plaintiff informed that the marriage with the defendant was registered in 2007 in the USA. No children were born in the marriage. They hardly lived together after the registration of the marriage, the wife left to Russia. The husband and the wife live in different countries. There is no dispute concerning division of their assets. It turned to be impossible to terminate the marriage in a Vital Records Office.

The defendant admitted the claim and informed the court that she and the plaintiff were married in the USA. No children were born in the marriage. She lived together with her husband in the USA for close to two years; in August 2010 she returned to Russia as the spouses were separated. There is no dispute concerning division of assets.

The court has accepted the admittance of the claim by the defendant as it is neither against the laws, nor violates rights or interests of other persons protected by the laws.

Having heard the defendant and having studied the case materials the court has found that the plaintiff’s claims shall be satisfied.

The court has established that the marriage between the parties was registered on September 2007 in Kissimmee, Osceola County, Florida, USA, which is certified by apostilled and translated certificate of marriage.

No children were born in the marriage, which is confirmed by the plaintiff’s and defendant’s statements.

The marriage is irretrievably broken, the parties hasn’t been living together since 2010. There is no dispute concerning division of assets. The defendant admitted the claim.

According to clause 1, Art. 22 of the Family Code of the Russian Federation a marriage shall be terminated by a court if the court establishes that the marriage is irretrievably broken and family life can’t be maintained.

Based on the above and the fact that the defendant admitted the claim, lack of family or marital relationships for a long period of time and long separate residence of the spouses the court comes to the conclusion that the marriage is irretrievably broken and family life can’t be maintained, therefore the marriage shall be terminated.

Based on Art. 21, 22, 158, 160 of the Family Code of the Russian Federation, Art. 39, 167, 173, 194-198, 211, 402 of the Civil Code of the Russian Federation the court does hereby

RESOLVE TO:

satisfy the claim.

dissolve the marriage between XXXXXXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXXXXXXXXXX, registered on September XX, 20007 in Kissimmee, Osceola County, Florida, USA.

This judgment may be appealed in District Court through the Justice of the Peace of Judicial District Moscow Region within 10 days.

Justice of the Peace Signature

The judgment became final on December 20, 2011

Justice of the Peace /Signature/

Secretary /Signature/

Stamp: TRUE COPY

Justice of the Peace /Signature/

Secretary /Signature/

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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