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

I wan to divorce from my wife. And I have a number of questions. My wife doesn't give me the original of the marriage certificate. I live with my parents in Moscow region and I am registered in their apartment. The marriage was registered in Vladivostok. What can I do to submit documents to the court. My wife is registered in Kaliningrad (region) but lives in Moscow region in an apartment we rented together without concluding any rent contracts. My wife doesn't have temporary registration at the place of residence. She still lives in that rented apartment with our minor child. Shall I apply to court in Kaliningrad or at the place of her actual residence (Moscow region) in case this residence is not registered? My wife doesn't want to divorce. She thinks that I had to provide her with an accommodation. I do not have my own apartment and have never had. How long may divorce proceedings take and does she have a right to my parents' apartment where we have never lived?

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Answer

There are three ways to receive a duplicate of the marriage certificate: go personally and receive; or address to a civil records office at the place of residence – the office shall request a duplicate marriage certificate and issue it to you. You will have to present your passport and pay the state duty; or you can authorize a representative in Vladivostok to obtain a duplicate marriage certificate for you (power of attorney is required). You decide which variant is suitable. You shall apply to court in Kaliningrad and give your wife's registered address and actual place of residence.

In case your wife is against divorce the court will to establish a reconciliation term not exceeding 3 months. In case the reconciliation is not reached upon expiration of the mentioned term your marriage will be terminated (Art. 22 part 2 of the Family Code of the Russian Federation). On the assumption of your letter I do not think your wife has any rights to your parents' apartment.

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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