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Divorce Judgement

JUDGMENT
IN THE NAME OF THE RUSSIAN FEDERATION

January XX, 20XX Moscow

Justice of the Peace of Judicial District №XXX, Moscow, XXXXXXXXXXXXX,
in the presence of Secretary XXXXXXXXXXXXXXXXXXXX,
in open court considered civil case № 2-XX/11 initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX,

DISCOVERED THAT:

The parties have been married since January XX, 20XX. No children were born in the marriage.

The plaintiff has filed the divorce action stating that the spouses have not been maintain family life or marital relations since 2008. The spouses do not run a joint household. There is no dispute about division of property.

The Plaintiff hasn’t appeared before the court. The plaintiff’s representative appeared before the court.

The plaintiff’s representative acting by virtue of power of attorney appeared before the court, affirmed the claims and requested the marriage to be dissolved.

The defendant hasn’t appeared before the court. She was duly notified of the date and the place of the hearing (case pages 32-35) but did not inform the court about a valid excuse. She hasn’t applied for adjournment of the court session.

According to Clause 1, Art. 21 of the Family Code of the Russian Federation a marriage shall be dissolved by judicial means in case the spouses have minor children in common, except as provided for by Clause 2. Art. 19 of the Family Code of the Russian Federation, or in case one of the spouses hasn’t giver her/his consent to the divorce.
According to Art. 56 of the Code of Civil Procedures the burden of proof lies with the parties. The defendant hasn’t produced any evidence against the plaintiff’s arguments.

As is clear from the statement of claim and explanations given by the plaintiff’s representative, the spouses do not live together, do not run a joint household, do not maintain marital relations, and have no d... Read More »

Court Judgement

JUDGMENT
IN THE NAME OF THE RUSSIAN FEDERATION

Date
XXXXXXXXXXXX Town Court of Moscow Region consisting of Presiding Judge XXXXXXXXXXXXXXX in the presence of Secretary XXXXXXXXXXXXXXXX
in open court considered civil case № 2-XXX/10 initiated upon appeal of XXXXXXXXXXXXXXXXXXXXXX against actions of XXXXXXXXXXX Vital Records Office of the Main Vital Records Department of Moscow Region,

DISCOVERED THAT:

Applicant appealed against actions of Vital Records Office of the Main Vital Records Department of Moscow Region, i.e. rejection to register the divorce.

The applicant stated that he had been married to XXXXXXXXXXXXX (last name before marriage - XXXXXX) since May XX, 19XX.

On March XX, 20XX the marriage was terminated by judgment of Mississippi county court, USA. The judgment became effective; it was apostilled as required by the Hague Convention of October 5, 1961 and accompanied by notarized translation into Russian.

The mentioned judgment is effective in the Russian Federation; it doesn’t require any additional legalization and shall be enforced on the territory of the Russian Federation without any further proceedings. The judgment was delivered in accordance with the laws of the United States of America. In order to enforce the judgment dated March 28, 2007 the applicant applied to Vital Records Office of the Main Vital Records Department of Moscow Region at the applicant’s residence with a view to register the divorce in accordance with the requirements of the laws of the Russian Federation as the RF laws provide for obligatory state registration of divorces and issue of divorce certificates.

Vital Records Office of the Main Vital Records Department of Moscow Region refused to register the divorce as it considered that the US judgment was final and it didn’t require registration on the territory of the Russian Federation. The applicant thinks that the rejection is unlawful as the judgment dated March XX, 20XX became effective, ... Read More »

Divorce Judgement

Affaire N

JUGEMENT
AU NOM DE LA FÉDÉRATION DE RUSSIE

SAINT-PÉTERSBOURG XX JUIN 2011


Le juge Civil de la section N°XXX de SAINT-PÉTERSBOURG, assistée de greffier, ayant délibéré en audience ouverte dans l’affaire de la requête de divorce introdute par XXXXXXXXXXXXXXXXXXXXX à l’encontre de XXXXXXXXXXXXXXXXXXXXXX,

S T I P U L E


La Demanderesse a introduit auprès du Tribunal la requête en vue de la dissolution de son mariage avec le Répondant.

La Demanderesse, en appui à sa requête a expliqué que le mariage a été contracté entre elle et le Répondant , enregistré le XX mai 19XX , une inscription a été faite à cet effet dans le registre des actes de mariages sous N° XXXX. Lieu d’enregistrement du mariage - service d’enregistrement des actes d’état civil de mariage - Palais des mariages N°2 du Comité des Enregistrements des Actes d’Etats Civils du Gouvernement de Saint-Pétersbourg.

La vie commune avec le Répondant n’a pas réussi, les relations conjugales et familiales sont terminées, il n’y a pas de gestion commune, la poursuite de vie de famille n’est plus possible.

Le Répondant ne s’oppose pas à la dissolution du mariage, mais il n’a pas l’intention de venir en Russie pour les formalités de divorce, ce qui a conduit à la nécessité de s’adresser au Tribunal.

La Demanderesse ne s’est pas présentée à l’audience du Tribunal, elle a été avertie de manière appropriée de la date et du lieu de la délibération et a demandé de délibérer en son absence, a confirmé les exigences de la requête et a insisté à la dissolution du mariage.

La Représentante de la Demanderesse s’est présenté à la séance du Tribunal, munie des pouvoirs, a ... Read More »

Divorce Judgement

National Emblem of the Ukraine
Case № 2-2845/11

JUDGMENT
IN THE NAME OF THE UKRAINE

Date:
XXXXXXXXXXXXXXXXXX District Court of XXXXXXXXXXXXXXXX composed of
Presiding Judge
in open court considered the civil case initiated on the grounds of the action for divorce brought by XXXXXXXXXXXXXXXXXXX against XXXXXXXXXXXXXXXXXXXXXX and

DISCOVERED THE FOLLOWING:

XXXXXXXXXXXXXXXXXX brought an action for divorce against XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX in July 2011.

In the statement of claim Plaintiff stated that he and Defendant were married on August 06, 2008 at the Tsentralny Marriage Registration Office of Kiev with the Family Support Center. There are no children born of this marriage.

The Defendant didn’t try to establish marital relations after registration of the marriage and tried to avoid living together on various excuses. The parties live in different countries up to the present day.

Plaintiff also stated that the marriage was irretrievably broken and required to dissolve the marriage between him and Defendant. He also requested to try the case in his absence subject to giving a notice to his attorney.

Plaintiff’s attorney supported the claim and requested the court to satisfy the claim.

Defendant didn’t appear before the court and submitted a motion for trial of the case in her absence. She admitted the claim and raised no objection to the dissolution of the marriage. The defendant requested her last name after the dissolution of the marriage.

The court studied the materials of the case and discovered the following:

The parties were married on August 06, 2008 which is certified by record № XXXX in the register of marriages. The marriage was registered at the Tsentralny Marriage Registration Office of Kiev with the Family Support Center.

There are no children born of this marriage.

Parties do not maintain marital relations and live in different countries.

The family was broken due to lack of ... Read More »

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 wa... Read More »