Did You know that a foreign person has the right to divorce on the Russian territory? Russian legislation allows to do it. Moreover, the couple can divorce under a simplified procedure and in short time. In other countries, the divorce can take years, and in Russia it is possible to obtain a long-awaited decision in just one month. It is necessary to adhere several conditions.
It doesn’t matter where the marriage was registered.
Marriage between a Russian citizen and a citizen of a foreign country is normal today. A couple can register their relationship on the territory of Russia as well as on the territory of another government. The problem arises when a relationship breaks down, and the Russian citizen goes back to his homeland, to Russia, without terminating the marriage.
To file for divorce, you need to have a proof of marriage between the spouses. This document may be issued by any government, it doesn’t matter which one. In Russia, it is a marriage certificate issued by the organs recording acts of civil status.
A marriage on paper means legal relations between people which impose certain rights and responsibilities on them. Therefore, the rupture of relations should be formalized.
Where to divorce.
It is possible to obtain a divorce in the organs recording acts of civil status. This requires the consent of both spouses and their personal presence as well as having no joint adult children.
In case the spouses have a joint minor child, and (or) one of the spouses does not want to divorce voluntarily, then the marriage relationship can be terminated in the magistrate court of the Russian Federation.
A Russian citizen and a foreign person have equal rights.
In Russia, any foreign citizen has the same rights as a citizen of Russia. In accordance with the article 398 of the Civil Procedural code of the Russian Federation, any foreign citizen has the right to seek protection of his rights, freedoms and interests on the territory of Russia. This means that any foreign citizen can apply to the court for dissolution of marriage in Russia.
What You need to get divorced.
Coming to the practical side of the question, we should say the following. To get divorced, you will need a set of documents: a marriage certificate translated into Russian, the statement of claim for divorce, the proof of having joint children (if any), the document confirming residence of a foreign citizen on the Russian territory (required not in all cases), and the government fee payment. If the marriage took place on the territory of Russia, the certificate can be obtained at the Civil Registry Office.
The Statement of Claim for Divorce is filed to the magistrate court at the place of responder’s residence. The applicant is the spouse who wants to dissolve the marriage, and the responder is the other spouse. The
Statement of Claim for Divorce describes the circumstances of marriage, the presence or absence of children and property of spouses. The petitionary part of the Statement requests for divorce. The Claim form must comply with the articles 131, 132 of the Civil Procedure Code of the Russian Federation. The government fee payment receipt can be taken in the court. The entire trial takes about a month. However, it should be noted that in some cases the divorce procedure can go up to six months.
Be sure to attend the trial.
To participate in the trial or not is the applicant’s right. You can write a statement asking to consider the case without Your participation. Also, don’t forget about that You can benefit from the professional legal assistance.
In this article, it is impossible to tell about all the nuances of the divorce process in Russia, because everyone has its own unique situation that requires an individual approach.
If You have any questions or You need a legal assistance, You can take our free online consultation. We thoroughly explain Your rights and offer a plan to resolve the situation.