DIVORCE IN RUSSIA. RUSSIAN SPOUCE DIVORCEDivorce in Russia, Russian wife, Russian divorce, dissolution of marriage, complaining party, a party to a divorce, filing of a complaint, divorce papers, divorce process, dissolution petition, divorce cases, without testimony, the grounds for the divorce, no fault grounds, dead spouse, legally incapable, wife's pregnancy, fault grounds for divorce, adultery, willful absence, extreme cruelty, habitual drunkenness, gross neglect of duty, fraudulent contract, imprisonment, physically harassing, verbally harassing, hearings, cooling-off time, reconsider divorce, termination of marriage, grant a divorce, settle a case, obtain the divorce, dissolve a marriage, termination of marriage, marriage termination, final hearing, restriction of husbands right, responsibilities to minor, handicapped children, designation of residential parent, marital assets, marital property, child custody, visitation, child support, alimony and property division, allocation of the parental rights, allocation of responsibilities of minor children, child support, spousal support, payment of attorney fees and litigation expenses.
Important Disclaimer
The below Family Law text on divorce in Russia (Russian divorce) should be used for information purposes only and appropriate legal advice should be sought as and when appropriate. For legal advice on divorce in Russia contact Mr Maxim POLYAKOV, your Russian qualified lawyer, member of the Moscow City Bar Association, tel. +7-495-518-72-62, email maxim@arbitratus.ru (English or Russian)who provides divorce information on Family Law topics such as divorce, child custody, visitation, child support, alimony and property division. The Family Code of the Russian Federation Chapter 4. DIVORCE On the application by courts of legislation when considering divorce cases, see Decision of the Plenum of the Supreme Court of the Russian Federation No. 15 of November 5, 1998 Article 16. Grounds for Terminating a Marriage 1. A marriage shall be terminated as a consequence of the death of one of the spouses, or as a consequence of the court declaring one of the spouses dead. 2. A marriage may be terminated by its dissolution upon the application of one or both spouses, and also upon the application of the guardian of the spouse recognized by the court as legally incapable. Article 17. Restriction of the Husband's Right to File a Claim for Divorce The husband shall not have the right to institute court proceedings on divorce during the wife's pregnancy and in the course of one year after the birth of the child. Article 18. Procedure for Divorce Divorce shall be effected at registry offices, and in the cases, stipulated by Articles 21-23 of the present Code - in court. Article 19. Divorce at Registry Offices 1. In case there is mutual consent to the divorce on the part of both spouses who have no underaged children, the marriage shall be dissolved at registry offices. 2. Divorce upon an application of one of the spouses, regardless of whether the spouses have or have not common underaged children, shall be effected at registry offices, if the other spouse: - is recognized by a court as missing; - is recognized by a court as legally incapable; - is sentenced to imprisonment for committing a crime for a term of over three years. 3. Divorce and the issue of the certificate on divorce shall be effected by the registry office upon the expiry of one month from the date of filing an application on the divorce. 4. The state registration of the divorce shall be effected by the registry offices in conformity with the procedure established for the state registration of civil status acts. On the state recording of divorce, see Federal Law No. 143-FZ of November 15, 1997 Article 20. Consideration of Disputes Arising Between Spouses When Their Marriage Is Being Dissolved at Registry Offices Disputes about dividing the spouses' common property, about the payment of the means for the maintenance of a disabled needy spouse, and also disputes about children arising between the spouses, one of whom is recognized by the court as legally incapable or is sentenced for committing a crime to imprisonment for a term of over three years (Item 2, Article 19 of the present Code), shall be considered in court, apart from dissolution of the marriage at registry offices. Article 21. Divorce in Court 1. A marriage shall be dissolved in court if the spouses have common underaged children, with the exception of the cases stipulated by Item 2, Article 19 of the present Code, or if one of the spouses does not consent to divorce. 2. A marriage shall also be dissolved in court if one of the spouses, while raising no objections to it, avoids the dissolution of the marriage at the registry office (refuses to file an application, does not wish to attend the registering of the dissolution of the marriage, etc.). Article 22. Divorce in Court if One of the Spouses Does Not Consent to Dissolution of the Marriage 1. The marriage shall be dissolved in court if it has been established that the further life of the spouses together and the preservation of the family is impossible. 2. When considering a case on divorce in the absence of one of the spouses' consent to the dissolution of the marriage, the court shall have the right to take measures for reconciling the spouses and shall also have the right to put off the proceedings having fixed for the spouses a three-month reconciliation term. The marriage shall be dissolved if the measures taken to reconcile the spouses have failed and the spouses (one of the spouses) insist (insists) on divorce. Article 23. Divorce in Court If Both Spouses Consent to the Dissolution of the Marriage 1. If there is a mutual consent to the dissolution of the marriage on the part of both spouses having common underaged children, or on the part of the spouses indicated in Item 2, Article 21 of the present Code, the court shall dissolve the marriage without finding out the motives behind the divorce. The spouses shall have the right to present to the court an agreement on the children, envisaged in Item 1, Article 24 of the present Code. In the absence of such an agreement, or if the given agreement infringes upon the interests of the children, the court shall take measures to protect their interests in the procedure, stipulated by Item 2, Article 24 of the present Code. 2. Dissolution of the marriage shall not be effected by the court before the expiry of one month from the date of the spouses' filing an application on the dissolution of the marriage. Article 24. The Issues Resolved by the Court When Taking a Decision on the Dissolution of the Marriage 1. When dissolving the marriage in court, the spouses may present for the consideration of the court an agreement on the issue of with whom of them the underaged children shall live, on the procedure for paying the means for the maintenance of the children and (or) of a disabled needy spouse, on the amount of these means or on dividing the common property of the spouses. 2. In the absence of an agreement between the spouses on the issues, pointed out in Item 1 of the present Article, and also if it is established that the given agreement infringes upon the rights of the children or of one of the spouses, the court shall be obliged: - to decree with whom of the spouses shall the underaged children live after the divorce; - to determine from which of the parents and in what amounts shall the alimony be exacted for their children; - upon the demand of the parents (of one of them), to divide the property in their joint ownership; - upon the demand of the spouse having the right to claim for maintenance from the other spouse, to define the size of this maintenance. 3. If the division of the property infringes upon the interests of the third persons, the court shall have the right to consider the claim for dividing the property by separate proceedings. Article 25. The Moment of Termination of the Marriage, When It Is Being Dissolved 1. The marriage dissolved at the registry offices shall be terminated as from the date of the state registration of the dissolution of the marriage in the Register of Civil Status Acts, and if the marriage is dissolved in court - as from the date of the court decision coming into legal force. 2. The divorce in court shall be subject to state registration in conformity with the procedure, established for the state registration of civil status acts. The court shall be obliged, within three days from the date of the court decision on the divorce coming into legal force, to forward an excerpt from this court decision to the registry office at the place of the state registration of entering into the marriage. The spouses shall have no right to enter into a new marriage until obtaining a certificate on the divorce from the registry office at the place of residence of any one of them. Article 26. Restoration of the Marriage in Case of the Appearance of the Spouse Declared Dead or Recognized as Missing 1. In case of the appearance of the spouse who was declared by a court as dead or recognized by the court as missing for an unknown reason, and of the cancellation of the corresponding court decisions, the marriage may be restored by the registry office upon the joint application of the spouses. 2. The marriage may not be restored if the other spouse has entered into a new marriage. Important Disclaimer The below Family Law text on divorce in Russia (Russian divorce) should be used for information purposes only and appropriate legal advice should be sought as and when appropriate. For legal advice on divorce in Russia contact Mr Maxim POLYAKOV, your Russian qualified lawyer, member of the Moscow City Bar Association, tel. +7-495-518-72-62, email maxim@arbitratus.ru (English or Russian)who provides divorce information on Family Law topics such as divorce, child custody, visitation, child support, alimony and property division. |