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

Hi Karina, first I will like to know the answers of these five basic questions.

Here is my situation:

In January of 2016, I got married to a Russian national (from Moscow district). We got married in New York.

I possess the marriage documents in New York.

Later on, my spouse also got my name on her Russian passport in ZAGS as we submitted our New York marriage documents with translation and attestation.

As of December 2018, she told me that she no longer wants to continue the marriage as she is not happy in the relationship.

I tried a lot to save the marriage but she did not agree, so I acknowledged the decision.

She told me that she will apply for divorce in Russia, and it is not necessary for me to be present for the divorce.

However a month ago, she sent me a message that the divorce in Russia was not successful, as she was said that she cannot get divorced in Russia because the marriage happened in USA (I am not sure about this, there is a possibility that she is telling a lie).

Regardless, since many months have passed and we both have moved on with our lives. To start fresh I want the marriage to end legally.

I am 36 years old. We do not have any children, and we do not have any shared assets (property, car etc.).

New York laws try to save the marriage; hence it can take several years to get the divorce.

Also, I have confirmed in the United States that a divorce taken in Russia is valid in New York with no extra process.

Hence, I want to get the divorce from Russia.

I have the following questions :

1. First of all, is it possible to get divorced in Russia? (When the wife is Russian but husband is American and the marriage happened in the United States).

2. If yes, do I need to get the consent of my wife or can I apply it myself? (I do not talk to my wife anymore, and if possible I will try to get the divorce done with minimum communication from her).

3. Is it necessary for me to come to Russia for signing the papers? (If possible, I will love that I do not need to come and the attorney can do the processes. I can mail all documents needed etc.).

4. How much time it will take usually to get such divorce.

5. If the answer to question 1 is yes, then do you provide such services, or can you get me a divorce lawyer from your firm?

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Answer

1. Yes, you can get divorce with Russian wife in the Russian Federation.

2. I will get divorce for you with her consent or without. With her consent it will be faster, but you have a rights for divorce in any case.

3. No, you do not need travel to Russia, I will represent you during whole procedure.

4. Divorce procedure is usually takes between three or four months. To initiate the process, I need a power of attorney from you with apostille, and also marriage certificate with apostille. If your wife took the marriage certificate, you will need to receive another one with apostille. The Russian translation I will arrange for you.

5. Yes, our office is handling hundreds divorces every year, and we will be more than happy to help you with this matter.

I am looking forward to working with you. My hourly rate is $200, however most of my clients choose a flat fee. Therefore please let me know amount which you will be comfortable with. Again, the consultation fee will be included to the final price.

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.
Karina Duvall
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