Divorce Lawyers in Russia

The Family Code is the main law related to civil matters, such as marriage registration, divorce procedures, and child custody. The Family Code is a separate code, not part of the Russian Civil Code and was enacted at the end of 1995. Our law firm in Russia can assist in divorce procedures and can offer more information on the Family Law. Our divorce lawyers in Russia can explain the procedures to be followed in order to obtain a divorce decree in this country.

Jurisdiction over divorce proceedings in Russia

It must be noted that both foreign and Russian citizens can obtain a divorce in Russia, as Russian courts have jurisdiction in the following cases:

• both spouses are Russian citizens and at least one of them files for a divorce;
• at least one of the spouses is a Russian citizen, while the other is a foreign citizen with or without residency in Russia;
• at least one of the spouses has a residence permit in Russia, while the other does not;
• at least one of the spouses owns a property in Russia, even if the foreign citizen files for divorce.

In the case of Russian citizens applying for divorce in other countries, it should be noted that the Russian court will automatically acknowledge the divorce decree without further action. Our divorce lawyers in Russia can explain the provisions of the Family Law in matters of divorce of foreign citizens or Russian citizens living abroad.

Reasons and restrictions related to divorce in Russia

A Russian divorce process can only begin under certain circumstances, among which are no grounds for the couple to live together or if one of the parties has left the conjugal home. Also, the court can decide to issue a 3-month period for reconciliation.

With respect to the restrictions imposed by a Russian court, the husband cannot file for a divorce without the wife's consent:

• while the wife is pregnant;
• while having a child less than one year old.

Also, the Russian court will refuse to judge a divorce case if the proceedings have begun in another country.

Our divorce Russian lawyers can offer more information on the reasons and restrictions related to divorce procedures in this country.

The divorce procedure in Russia

The Russian divorce procedure begins when one or both spouses file a request for marriage dissolution within the local registry offices (ZAGS). The duration of a divorce procedure usually takes about a month in cases of mutual agreement.

The Russian divorce procedure in the court of justice includes a period of reflection that can take up to three months, but the whole divorce procedure in court will take no longer than six months in case of families with no children. If one of the spouses does not want a divorce, the judge will allow for a three-month period for reconciliation, and after that, the divorce will be pronounced even if the spouse still opposes the dissolution. 

Who is entitled to file for divorce in Russia?

It should be noted that not everybody can file for a divorce in Russia. According to the Civil Code, the following individuals can ask for the commencement of divorce proceedings in this country:

• Russian citizens;
• Russian residents;
• individuals owning residential properties in Russia.

Divorce certificates issued in other countries are recognized in Russia, as long as they comply with international regulations.

Types of divorce in Russia

The Russian Family Law acknowledges two types of divorce – administrative and judicial.

The administrative divorce in Russia is usually enabled in cases of families with no children that have reached a mutual agreement. The divorce and the issue of the divorce certificate will be registered with the Registry Office within one month of filing the application.

The judicial process related to divorce in Russia implies the opposition of one of the parties. In this case, the court must decide in matters like: child custody, support for both the other spouse and the minor child or children, alimony matters and division of assets.

The administrative divorce in Russia

As mentioned earlier, the administrative divorce is completed before the civil registry office (ZAGS), not before a court. This procedure can be done if two conditions are met: if both spouses agree to the divorce and the couple has no children. It is also possible for an administrative divorce procedure to be completed in the absence of one of the spouses when the absent spouse is sentenced to more than 3 years' imprisonment, declared legally incapacitated or declared missing.

It should be noted that justices of the peace hear judicial divorce cases where there is no dispute over children, while administrative divorces are registered by ZAGS.

Here are the main documents to prepare when filing for a joint divorce in Russia:

• names, citizenship/nationality, and place of residence of both spouses;
• information about the understandings related to the termination of the marriage (asset division, alimony);
• the family name chosen by the woman after the divorce.

The petition must be signed and submitted by both spouses. In case one of the parties cannot be present, it is possible for him/her to appoint our Russian divorce lawyers to represent them and file a separate petition. Following that, each party will be issued a marriage dissolution certificate. The entire procedure is completed within a month. By comparison, judicial divorces can take between 2 and 6 months.

The judicial divorce in Russia

If one or both conditions mentioned above are not fulfilled, the judicial divorce will be the proceeding under which a Russian marriage can be ended.

In this case, one of the spouses must file a petition with the court in order for the divorce proceedings to begin. An interesting fact about the judicial procedure is that only one of the spouses must file for divorce, even if both spouses agree with it and if arrangements related to the custody of children and division of property have been made.

No matter if the judicial divorce is agreed upon or not, spouses may, but are not required to, be represented by a lawyer before the court. Also, compared to the administrative divorce, the judicial procedure will fall under the jurisdiction of justices of the peace, or of district courts where there is a dispute over children, which are part of the general court system.

The steps to be completed when undergoing a judicial divorce in Russia are:

• hiring a divorce lawyer who can represent the spouse requesting the separation;
• a power of attorney must be granted to the divorce attorney in Russia;
• the lawyer will lodge the divorce petition with the competent court in the city where the spouse lives;
• the documents to be filed with the court are the marriage certificate and the children’s birth certificates (where applicable).

It should be noted that even if the other spouse consents to the divorce, he or she should also hire a lawyer. Our divorce lawyers in Russia are at the disposal of those interested in obtaining a divorce in this country.

Documents required in case of divorce through a Russian court

Here are the papers the plaintiff must submit to the court when filing for divorce in Russia:

• the marriage certificate;
• information about his/her place of residence;
• information about the place of residence of the other spouse;
• the power of attorney for representation.

Evidence for the case must also be gathered, and our Russian law firm can assist in this endeavor.

Divorce proceedings for foreigners in Russia

Foreign citizens can get divorced in Russia, however, it is important to note that the procedure will be completed in accordance with the Russian legislation. The same applies to Russian citizens living abroad and seeking to terminate their marriages here.

Here are the main aspects to consider in this case:

• If you are a foreign citizen living in Russia, you must have a Russian residence permit to file for divorce here;
• Russian citizens can divorce from foreign spouses no matter the place of residence of the latter, according to Article 160 in the Family Act;
• the procedure can be completed with the Civil Registry through the simplified administrative procedure or in court.

There is also an exception to this rule, as Article 6 in the Family Law stipulates that international treaties prevail over the Russian legislation in certain cases. Our divorce lawyers in Russia can verify if you can benefit from such regulations.

Please note that, in the case of international divorces carried out here, all foreign-issued documents must be translated and apostilled before filing them with the Russian authorities.

Child custody and support in Russia

The Family Code gives both parents equal rights, although in practice courts most often place children with mothers in case of divorce in Russia, but fathers are also entitled to gain custody in court. The Russian Family Law has decided that children over the age of 10 are allowed to testify in matters of custody in case of a judicial divorce. Russian courts have seldom allowed joint custody.

Child support will be paid by the parent not living with the child or children.  Child support or alimony (алименты) in Russia will be paid until the child or children become adults, and the parent must pay 25% of his or her income in case of a child, 33% in case of two children, and 50% for three or more children.

Property division in case of divorce in Russia

Russian laws state that properties obtained during marriage, whether they are assets or real estate purchases, will be divided in case of divorce. Spouses can divide joint property by a mutual agreement that will be certified by a notary.

In case of an argument over joint property, the court will rule on the division of property. In cases of joint assets acquired for children, these will not be divided between spouses, but will be given to the parent who has custody over the child or children. Money deposits made by partners in the name of their children will not be taken into account when property division is made.

Marriage and divorce statistics in Russia

According to news, at the level of 2024, between January and March:

• There were 145,000 marriages and 160,000 divorces in Russia;
• There are 103 divorces per every 100 marriages;
• The divorce rate is lower among 30-year-old couples;
• Many divorces are registered between spouses who have lived 20 to 25 years together.

Our divorce lawyers in Russia answer a few questions

Among the frequently asked questions our divorce lawyers in Russia receive are:

With a vast experience in civil law-related cases, our Russian law firm can help both local and foreign citizens benefit from legal assistance and advice in matters related to divorce proceedings and hearings, child custody and support, the division of property, and also in marriage registration procedures.

If you require legal advice in cases of litigation, you can contact our law firm in Russia.