In the Name of the Russian Federation
Justice of the Peace of judicial district No. XXX of Saint Petersburg XXXXXX with participation of secretary XXXXXXXXXX, having examined in the course of the public court hearing civil case concerning the divorce action of XXXXXXXXXXXXX-A against XXXXXXXXXXXXXXXXXXX,
The plaintiff filed present lawsuit to the court specifying that it has been officially married to the defendant since XX.XX.2001. Their marriage was registered by Wedding Palace No. 1 of Saint Petersburg, registration number XXXX. The parties have two children. The family has actually broken. Since XX.XX.2009 the plaintiff and the defendant have been living at different residential addresses, running independent household and financial budget. Children live together with the plaintiff, the defendant pays monthly child support. There are no disputes and disagreements about place of residence of children, about charge of child support, as well as division of property and debts.
The plaintiff appeared before the court and affirmed the claim in full volume, and explained that the court of USA has adjudged that the defendant should pay the child support and determined the procedure of visiting the children, as well as made a decision that the children should live with the plaintiff. According to the applicable law of USA, it is also necessary to submit a tax declaration, and if the parties are married and live together, then the tax declaration should also be filed together for the purpose of receipt of tax exemptions. Based on the tax declaration as of 12.31.2008, it is possible to make a conclusion that the plaintiff was living together with the defendant, and they filed a joint declaration; the declaration had a reference to both the defendant and the plaintiff. However, based on tax declaration as of 12.31.2009 and 12.31.2010, it is possible to make a conclusion that the defendant filed a separate declaration. Consequently, as of the date of submission of declaration dated 12.31.2009, the parties actually lived apart.
The defendant did not appear before the court, it was duly informed about the place and time of the court proceedings, it submitted a request to consider the case in his absence with participation of his representative.
Representative of the defendant appeared before the court acting by virtue of Warrant of Attorney and Power of Attorney, she did not admit the claim and explained that her client did not admit the claim because he did not agree with the date of separation specified by the plaintiff, and affirmed that actual period of separation was December 2011. Besides, the defendant is asking to establish the date, when the parties stopped living together, because it would be necessary for further division of property. However, no actual evidence of separation date was presented by the defendant. The defendant is asking not to give period for reconciliation to the parties.
After studying the file, and after hearing of the plaintiff’s statement, statement of representative of the defendant, the court considers that the claim shall be satisfied.
In accordance with Article 22 of the Family Code of the Russian Federation, dissolution of marriage in the course of the civil proceedings shall be made, if the court has established that further joint living together of spouses and preservation of family is not possible. In the course of consideration of a case about dissolution of marriage, when one of the spouses is against dissolution of marriage, the court shall have the right to undertake measures for reconciliation of spouses and has the right to adjourn the court proceedings with establishment of the period for reconciliation of spouses not exceeding three months.
Based on the court files, the parties have been married since XX.XX.2001. Their marriage was registered at Wedding Palace No. 1 of Saint Petersburg, registration No. XXXX. The parties have two infant children. Since XX.XX.2009 the plaintiff and the defendant have been living at different residential addresses, running independent household and financial budget. Children live together with the plaintiff, the defendant pays monthly alimony for their support. There are no disputes and disagreements about place of residence of children, about charge of child support, as well as division of property and debts, because the court of USA adjudged that the defendant should pay the child support, as well as determined place of residence of children together with the plaintiff, as well as determined the procedure of meetings of children with the defendant.
In accordance with Article 56 of the Civil Procedural Code of the Russian Federation, each party shall prove the circumstances, to which it refers as a basis for its claims and counterclaims, unless otherwise is set forth in the applicable federal law.
The plaintiff submitted copies of tax declarations filed by the defendant in USA, based on which it is possible to make a conclusion that as of the date of submission of the tax declaration as of 12.31.2009 and 12.31.2010 the parties did not actually live together, because such declarations were filed by the defendant separately.
At the same time neither the defendant nor his representative filed any evidence as to the circumstances, to which they refer that the separation date was actually in 2011 and not 2009. Besides, date of separation of the family and termination of family relations specified by the parties may not be the basis for making a judgment against the plaintiff about dissolution of marriage, and the plaintiff insists on its stated claims.
Considering such circumstances the court makes a conclusion that further joint living of the parties and preservation of family is not possible, and the defendant’s representative did not ask the court to provide the period for reconciliation, but stressed that there was no need in giving this period, in view of which the marriage shall be dissolved.
Based on the above and Articles 21, 23, 25 of Family Code of the Russian Federation, Articles 39, 194 – 198 of the Civil Procedural Code of the Russian Federation the court
To satisfy the divorce action of XXXXXXXXXXXXXX-A XXXXXXXXXXXX XXXXXXXXXXXXXX against XXXXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXXXXX.
To dissolve marriage between parties, registered in Wedding Palace No. 1 of Saint Petersburg, registration number XXXX.
The judgementmay be appealed at XXXXXXXXXXXXX Court of Saint Petersburg through Justice of the Peace within the period of one month since the date of making the judgement.
Justice of the Peace (Signature)