I've been living with my common-law husband for one year. He is not divorced though he hasn't been living with his wife for 4 years. They have a child of 13 years. We would like to register our marriage. For that purpose he shall divorce from his wife but the problem is that she is going to Canada for a year. That means we do not have enough time for a divorce in accordance with the standard procedure. What can we do? She agrees to divorce.
In case both spouses agree to divorce there is nothing that can cause difficulties. As they have a child their marriage can be terminated only by court decision (Art. 21 of the Family Code of the Russian Federation). Herewith in case the husband applies to court, the wife can give a written consent to divorce and hearing of the case in her absence (it can be given in a notarial office or in the court). The wife can also apply to court and request the court to hear the case in her absence. The marriage can be terminated even if she leaves Moscow without giving her consent to divorce or filing a divorce claim: in this case a notice issued by the court in her name shall be registered in housing authorities.