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DIVORCE JUDGEMENT BY DEFAULT

In the name of the Russian Federation

March 31, 20XX Petushki

Justice of the Peace of judicial district No 1 of Petushki and Petushinski District of the Vladimir Region O.P. XXXXXXXXXX in the presence of secretary XXXXXXXXXXXXX

having considered in the open hearing a civil case in the action of XXXXXXXXXXXXXXXXXXX (before marriage – XXXXXXXXX) against XXXXXXXXXXXXXXXXXXX on dissolution of marriage,

FOUND:

XXXXXXXXXXXXXX submitted a claim to the Justice of the Peace against XXXXXXXXXXXXXX on dissolution of marriage.

As justification of the action XXXXXXXXXXXXX indicates that she had been living with the respondent in marriage until 2000, the parties do not have mutual children from this marriage. Their cohabitation did not work out, in 2000 the defendant collected his personal belongings and left the house. Family relations were actually terminated in 2000, they do not have mutual household any more. Since then each of the spouses has been living independently.

The plaintiff believes that mutual life and salvage of marriage with the defendant are not possible.

She indicates that there is no dispute on partition of property being their joint estate.

The plaintiff XXXXXXXXXXXXXX did not appear before the court, solicited the judge to consider the case in her absence.

The defendant XXXXXXXXXXXXXX was duly notified about time and place of the court proceedings, however did not appear before the Justice of the Peace, did not notify about the reasons of non-appearance and did not solicit to consider the case in his absence.

The case has been considered in the absence of the defendant according to Article 233 of the Code of Civil Procedure of the Russian Federation.

Having considered the case materials, Justice of the Peace comes to the following conclusion.

In accordance with Article 22 of the Family Code of the Russian Federation, dissolution of marriage takes place by judicial process, if the court finds that further mutual life of the spouses and salvage of family are not possible.

Absence of marital relationships, as well as circumstances of their living together indicated by the plaintiff led the court to the conclusion about the need to satisfy the claim, because the indicated legal relationships fall within the scope of the above legislation.

Based on the above, in accordance with Articles 194 – 199, 235 of the Code of Civil Procedure of the Russian Federation, Justice of the Peace

DECIDED:

To satisfy the claim of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.

To dissolve marriage between parties registered on November XX, 19XX by Vernadsky department of the Civil Registry Office of Moscow, record No XXXX.

Copy of this decision by default shall be sent to the address of the defendant with explanations of his right to submit a petition on cancellation of this decision within 7 days from the date of receipt of a copy of the decision.

This decision may be disputed in the court of appeal within 10 days upon expiration of the period for the defendant to submit a petition on cancellation of the decision at Petushinsky district court, and if such petition has been submitted – within 10 days from the date of making a court ruling on refusal to satisfy this petition.

The decision has entered into legal force on 01.06.20XX

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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