If one of the spouses is a foreigner, and the other is a citizen of Russia, then their marriage can be dissolved both on the territory of the Russian Federation and abroad. Moreover, it does not depend on whether they have children.
Instructions
Step 1
The legislation of the Russian Federation states that if one of the spouses has Russian citizenship, the divorce procedure can be carried out at the diplomatic mission or consular office of Russia. You can also dissolve a marriage by contacting a civil registry office located in the country.
Step 2
Article 19 of the Family Code of the Russian Federation says that divorce is possible through the registry office, but only if both of the spouses have expressed their consent. In addition, the couple should not have common minor children. In this case, the spouses simply submit their applications and wait for the required time (the statutory deadline is one month from the date of submission of all documents). However, in some situations, only one person can apply for a divorce. This includes the recognition of the other spouse as completely incapacitated, missing or sentenced to a term exceeding three years.
Step 3
Inform the registry office employees in advance if one of the spouses cannot be present at the registration of the divorce. Then you will have to take two forms, fill them out and be sure to notarize them (otherwise, the application and the signature in it will be considered invalid). Also prepare all the documents required for the procedure: marriage registration certificate and passport.
Step 4
In that situation, if the couple has common children who have not yet reached the age of majority, then divorce will be possible only through the courts. The same applies to the refusal of one of the spouses to divorce. This is stipulated in Article 21 of the Family Code of the Russian Federation. In addition, the divorce procedure is done in court if someone evades attending or filing an application.
