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Thread: Urgent divorce advice, please

  1. #16
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    Here is a website you can translate into English using Google Translation showing how in general terms to divorce without the agreement of your spouse. I haven't used this service so am not recommending them, but it has good background info:

    https://prav.io/browse/blogs/razvody...BD%D0%BE%D0%B2.

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  3. #17
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    Quote Originally Posted by seagirl333 View Post
    Thank you very much for your reply. I agree with what you are saying that it would be more straight forward and easier if we could both go to file at ZAGS together. However, part of the problem is that I'm afraid to ask him for a divorce while I'm physically with him. Exactly for safety reasons...

    As far as being resident in the UK for 1 year before being able to file... I have continued to keep a UK address while paying my required UK council tax up until now, as well as being registered here in Russia. He's visited the UK, but never lived there. Also, since the UK doesn't even seem to know I'm married as there was no need to try to get my marriage recognised there or registered (maybe not even possible), I'm confused how the UK legal system would be able to grant me a divorce. We were married in Russia and our whole married life has been only in Russia. He only mentioned we were married on a UK tourist visa application to visit.

    He has finally decided in the past day or so, that since I'm due to fly to the UK for medical reasons and he wants to sell his apartment while I'm away, that it may be an idea to de-register me here.. He's thinking about once I finish my medical care in UK, maybe we could move to Turkey where his sister is living. There is a large Russian community there. Before, it would have been an issue to de-register here. I would think that may be a benefit if I have to de-register here for the divorce via Russian embassy/consulate in the UK.

    I'm wondering since I never had to have my Russian marriage recognised in the UK...If I go through the Russian embassy channels for divorce via Russian law, even if it's not following UK law...if it would be okay....because how does UK ever even know I was married?? By proper Russian law, I could get a divorce. If I ever remarried, how does the UK know if I apply for marital status, about my Russian marriage?? Anyway, it would have been resolved by Russia. I would have thought that I would have needed marital status to remarry from Russia,, not the UK if I want to prove my divorce in future.

    As I posted above..so, it's confusing... http://www.spiresolicitors.co.uk/new...-family-court/

    I agree...I need professional advice. Still trying to find a Russian lawyer that won't charge so much..even just for consultation. Thank you agin.
    First I don't think he can sell his apartment without getting registered in a new one and if you are registered there you would have to too. He mainly does not want to give you half the money. I say go back home and forget him. The UK won't find out you were married and he'll be stuck for months unable to sell.
    If you trust the government you obviously failed history class. " George Carlin"

  4. #18
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    Quote Originally Posted by seagirl333 View Post
    Thank you very much for your reply. I agree with what you are saying that it would be more straight forward and easier if we could both go to file at ZAGS together. However, part of the problem is that I'm afraid to ask him for a divorce while I'm physically with him. Exactly for safety reasons...
    You could try women's help groups/shelters to see if they have recommendations for lawyers. Obviously language may be an issue here.

    As far as being resident in the UK for 1 year before being able to file... I have continued to keep a UK address while paying my required UK council tax up until now, as well as being registered here in Russia. He's visited the UK, but never lived there. Also, since the UK doesn't even seem to know I'm married as there was no need to try to get my marriage recognised there or registered (maybe not even possible), I'm confused how the UK legal system would be able to grant me a divorce. We were married in Russia and our whole married life has been only in Russia. He only mentioned we were married on a UK tourist visa application to visit.
    You'd have to check in Uk whether your residence is enough for you to get divorced there. It'll be a longer process for a variety of reasons. You'd file for divorce by showing copies of your Russian marriage docs. There may be a period to wait (ie living apart), don't know, UK law question. If you want to just live in UK and wait and file later, that's your choice.

    He has finally decided in the past day or so, that since I'm due to fly to the UK for medical reasons and he wants to sell his apartment while I'm away, that it may be an idea to de-register me here..
    I would not agree to de-registration unless you get what you need. That's your best leverage it seems to me.

    I'm wondering since I never had to have my Russian marriage recognised in the UK...If I go through the Russian embassy channels for divorce via Russian law, even if it's not following UK law...if it would be okay....because how does UK ever even know I was married?? By proper Russian law, I could get a divorce. If I ever remarried, how does the UK know if I apply for marital status, about my Russian marriage?? Anyway, it would have been resolved by Russia. I would have thought that I would have needed marital status to remarry from Russia,, not the UK if I want to prove my divorce in future.
    I know nothing about this divorce procedure via the embassy. Could be a problem later.

    UK law and remarrying if you don't get divorced: well, you'd be committing bigamy and probably some oath laws because you have to state you were never married (or similar) - and your new marriage would be at risk of being declared invalid at any time.

    (Mind, varies by jurisdiction, but you can be common law in some countries without getting divorced - that gets complicated, too).

  5. #19
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    Quote Originally Posted by TheInterocitor View Post
    Does anyone know if divorce laws are the same in every province in Russia? In US, divorce law varies from state to state, even from city to city.
    In Russia, it's at federal level, same all over.

  6. #20
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    By law in Russia, you have the right to file for divorce without the involvement of your husband. You can do it in Russia without a lawyer.

    You could tell your husband that if he files for divorce jointly, now, you won’t claim half of his property. If he doesn’t file now, you will remain separated in the UK and claim half of his property at some point in the future when you eventually file. Some lawyers will work for a percentage of the property you claim from your husband, when you file, something to consider if you go this route. Of course the idea is to get him to file jointly as soon as possible and get it over with when your health allows it.

    That said, you can file on your own. You have no children and if you don't claim any property, the process will be drawn out but the divorce will be eventually granted.

    I know someone who filed without the husband's involvement, without a lawyer. The husband didn't show up for the first two court dates but appeared for the third one when the wife finally got tough and said that he if he didn't show up, she'd withdraw the divorce application, take title to half of all the property he ever owned for the rest of his life, prevent him from marrying again and make him responsible for paying for child support if she had any children with another man. She also promised to separate and never lay eyes on him again. That did the trick, he was in court on time, agreed to the divorce it divorce went through.

    You should not be afraid to be with him in person during the divorce. Take someone with you such as a lawyer for your own peace of mind. It's not as if the guy is going to attack you physically in a court of law or at ZAGs. He can't be that crazy.

    Here are some websites about filing without your husbands participation. The last one shows how to file on line via gosuslugi. However, gosuslugi is not easy to manage. As pointed out by the advice given above, keep looking for the Russian lawyer that you can afford. Russia is crawling with lawyers hungry to do divorces.

    https://prav.io/browse/blogs/razvody...BD%D0%BE%D0%B2

    https://urist-expert24.ru/article/80...asiya-sypryga/

    https://xn--80aeec0cfsgl1g.xn--p1ai/...IaAt2YEALw_wcB
    Last edited by xt-tsi; 05-05-2021 at 08:12.

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  8. #21
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    Quote Originally Posted by xt-tsi View Post
    By law in Russia, you have the right to file for divorce without the involvement of your husband. You can do it in Russia without a lawyer.

    You could tell your husband that if he files for divorce jointly, now, you won’t claim half of his property. If he doesn’t file now, you will remain separated in the UK and claim half of his property at some point in the future when you eventually file. Some lawyers will work for a percentage of the property you claim from your husband, when you file, something to consider if you go this route. Of course the idea is to get him to file jointly as soon as possible and get it over with when your health allows it.

    That said, you can file on your own. You have no children and if you don't claim any property, the process will be drawn out but the divorce will be eventually granted.

    I know someone who filed without the husband's involvement, without a lawyer. The husband didn't show up for the first two court dates but appeared for the third one when the wife finally got tough and said that he if he didn't show up, she'd withdraw the divorce application, take title to half of all the property he ever owned for the rest of his life, prevent him from marrying again and make him responsible for paying for child support if she had any children with another man. She also promised to separate and never lay eyes on him again. That did the trick, he was in court on time, agreed to the divorce it divorce went through.

    You should not be afraid to be with him in person during the divorce. Take someone with you such as a lawyer for your own peace of mind. It's not as if the guy is going to attack you physically in a court of law or at ZAGs. He can't be that crazy.

    Here are some websites about filing without your husbands participation. The last one shows how to file on line via gosuslugi. However, gosuslugi is not easy to manage. As pointed out by the advice given above, keep looking for the Russian lawyer that you can afford. Russia is crawling with lawyers hungry to do divorces.

    https://prav.io/browse/blogs/razvody...BD%D0%BE%D0%B2

    https://urist-expert24.ru/article/80...asiya-sypryga/

    https://xn--80aeec0cfsgl1g.xn--p1ai/...IaAt2YEALw_wcB
    It took 45 days for my first wife and I to divorce, we didn't have children, no property so no lawyers. We just filed and had to wait 45 days, if we didn't come back and stop it before the 45 days were up the divorce was final. As easy as could be.
    If you trust the government you obviously failed history class. " George Carlin"

  9. #22
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    Quote Originally Posted by Uncle Wally View Post
    It took 45 days for my first wife and I to divorce, we didn't have children, no property so no lawyers. We just filed and had to wait 45 days, if we didn't come back and stop it before the 45 days were up the divorce was final. As easy as could be.
    It's true, uncontested, where both parties agree both on the divorce itself and themselves agree there are no claims upon one another and no children, is quite easy.

    I'm not certain about the property issue - I think if the parties agree and the declaration to authorities is "no claims upon each other's property" or something like that, then exactly as described; if they don't agree to other terms, then it is a contested divorce (and I don't know - fortunately - how that works.)

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