Family Law

Russian family law governs divorce, child custody, child support and division of marital property whenever a marriage was registered in Russia or the family has property or children there. If you live in California and your spouse or assets remain in Russia, a Russian court may still be the right place to resolve the matter. Elena Petrova, an attorney of the Moscow Bar, acts for clients living abroad in such matters under the Family Code of the Russian Federation.

The attorney acts on the basis of a power of attorney, so most family cases can be conducted without your personal attendance.

Ending a Marriage in Russia

Spouses with no joint minor children can dissolve the marriage at the civil registry office (ZAGS) if both consent. In all other cases a court decides. Where the spouses agree, the court usually grants divorce after a short waiting period. If one spouse objects, the court may give time for reconciliation, but it cannot refuse divorce indefinitely.

A divorce granted abroad may need recognition in Russia before the ZAGS record is changed. The attorney checks whether recognition is required in your case and prepares the application.

Where the Children Live and Who Pays

If the parents cannot agree, the court determines the child's place of residence and the way the other parent will be involved in the upbringing. The court takes into account how attached the child is to each parent, the child's age, living conditions and the views of a child who is ten or older. The guardianship authority gives its report.

Child support is set as a share of the paying parent's income or as a fixed sum.

A fixed sum is used when income is irregular, received in foreign currency or hard to verify. This is common when one parent lives abroad.

Dividing Marital Property

Whoever's name appears on the title, assets acquired during the marriage are treated as joint property. It is divided equally unless a marriage contract says otherwise or the court finds reasons to depart from equal shares, for example the interests of minor children.

Property received before marriage, by gift or by inheritance remains personal. Disputes often concern business shares, bank deposits, mortgaged apartments and assets registered to relatives. A claim for division must be brought within three years from when the spouse found out their rights had been violated, a date that frequently does not match the date of divorce.

Marriage Contracts and Settlement Agreements

A marriage contract may be concluded before or during marriage and must be certified by a notary. It can set separate ownership, distribute future property and assign debts. It cannot regulate personal relations or limit a spouse's right to go to court.

Spouses who divorce may also sign an agreement on property division or on children. A settlement approved by the court avoids a long trial and is enforceable.

Cross-Border Family Matters

When one parent lives in the United States and the other in Russia, questions arise about travel permission, residence of the child and enforcement of support. Wrongful removal cases are affected by the Hague Convention on child abduction, to which Russia is a party. Each such matter needs a careful review of both legal systems.

Documents the Court Will Expect

Usually the attorney asks for the marriage certificate, the birth certificates of the children, income statements and property documents. Any documents issued in the United States need an apostille and a Russian translation.

Discussing Your Family Matter

Send a short account of the situation, the region where the other party lives and the documents you have. You will receive an outline of options and next steps.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.