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

I have been asked to assist a citizen of Uzbekistan. She had a marriage performed in Tashkent, Uzbekistan, 4-5 years ago to a US Citizen. She received a permanent Green Card and lived in the US for over 4 years. She is now in Uzbekistan and wishes a divorce. The husband is in the US.

She had a marriage ceremony performed in Uzbekistan about 5 years ago to an American citizen now residing in Oregon, USA. She is a citizen of Uzbekistan with a US Green Card - a permanent resident of the US.

I would appreciate any advice.

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Answer

The key moment in definition of an opportunity of addressing to a court for this women is her preset residence in Uzbekistan. If she lives and has registration in Uzbekistan, she can address to local court at any time. If at departure from Uzbekistan 5 years ago this women had received the passport for residing abroad and if she did not keep the registration in Tashkent, in this case procedure would be a little bit more difficult, but is also possible.

For the addressing to court it is necessary to pay a State fee, to bring an action with statement of the claim and attach the original of marriage certificate. The important question is that they have common children; it should be determined in judgment that the children will reside with their mother.

Other important thing for the case is the opinion of her husband about this divorce. If he agrees to divorce, in this case it should be fast if he addresses to court himself. Under the legislation of Republic of Uzbekistan no matter if he lives abroad and the other side is a resident of Uzbekistan - that is enough condition to address to the court. We can represent him in court in case of his consent. It will simplify divorce case and will reduce terms of consideration. If he gives the consent after his wife addresses to the court - in this case is should be a written consent from him to divorce from him. If the spouse does not consent to divorce, in this case the time to consider such case would increase to 6-9 months.

I have my partner in Tashkent. He is lawyer with wide experience of work. I have already discussed with him prospects of your divorce case. We will be glad to help you.

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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