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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

My partner is Russian citizen. She has been married to a Swiss man for 2 years and living in Switzerland. She has Swiss B permit. Her husband is refusing under Swiss law to give a divorce, he can refuse for 5 years. Can she divorce under Russian law if she remains in Swiss or does she need to return to Russia? What happens if her husband refuses to give divorce under Russian law? Approximately how long will the process take?

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Answer

If your partner has a permanent place of residence in Russia and has Russian citizenship, she can divorce in Russia. The divorce proceedings can be performed without personal presence of the parties; the plaintiff can draw a Power of Attorney to a lawyer to conduct the case in court. \nThe fact that defendant is living outside of Russia and refusing the divorce, it could complicate the divorce because he should be notified about the divorce hearing via consulate in Swiss. \nIn case of disagreement about divorce, the court would provide the parties of term to make peace for 3 months. And then without agreement the court dissolves the marriage. The only barrier for divorce in Russia could be the situation if the defendant has filed for divorce abroad to foreign court before. Such his situation is rare but I should warn you about this. Could you please inform me what city in Russia has she place of residence? Where her marriage was registered? Who does possess their marriage certificate? Does she have minor children born in the wedlock?

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