divorce law essay

Essays About Divorce: Top 5 Examples and 7 Prompts

Essays about divorce can be challenging to write; read on to see our top essay examples and writing prompts to help you get started.

Divorce is the legal termination of a marriage. It can be a messy affair, especially if it includes children. Dividing the couple’s assets also often causes chaos when divorce proceedings are in session. 

Divorce also touches and considers religion and tradition. Therefore, laws are formed depending on the country’s history, culture, and belief system.

To help you choose what you want to talk about regarding this topic, here are examples you can read to get an idea of what kind of essay you want to write.

1. Divorce Should Be Legalized in the Philippines by Ernestine Montgomery

2. to divorce or not to divorce by mark ghantous, 3. what if you mess up by manis friedman, 4. divorce: a life-changing experience by writer louie, 5. divorce’s effects on early adult relationships by percy massey, 1. the major reasons for divorce, 2. why i support divorce, 3. my divorce experience, 4. how to avoid divorce, 5. divorce and its effects on my family, 6. the consequences of divorce, 7. divorce laws around the world.

“What we need is a divorce law that defines clearly and unequivocally the grounds and terms for terminating a marriage… Divorce is a choice and we all should have the freedom to make choices… in cases where a union is more harmful than beneficial, a divorce can be benevolent and less hurtful way of severing ties with your partner.”

As the title suggests, Montgomery and his other colleagues discuss why the Philippines, a predominantly Catholic country, needs to allow divorce. Then, to strengthen his argument, he mentions that Spain, the root of Christianity, and Italy, where the Vatican City is, administer divorce. 

He also mentions bills, relevant figures, and statistics to make his case in favor of divorce more compelling. Montgomery adds that people who want a divorce don’t necessarily mean they want to marry again, citing other motives such as abuse and marital failure.

“Divorce, being the final step in a detrimental marriage, brings upon the gruesome decision as to whether a married couple wishes to end that once made commitment they had for each other. As opposed to the present, divorce was rare in ancient times…”

Ghantous starts his essay with what divorce means, as not only an end of a commitment but also the termination of legal duties and other obligations of the couple to each other. He then talks about divorce in ancient times, when men had superior control over women and their children. He also mentions Caroline Norton, who fought with English family law that was clearly against women.

“So even though G‑d has rules,… laws,… divine commandments, when you sin, He tells you: ‘You messed up? Try again.’ That’s exactly how you should be married — by treating your spouse the way G‑d treats you. With that much mercy and compassion, that much kindness and consideration.”

Friedman’s essay discusses how the Torah sees marriage and divorce and explains it by recounting a scene with his daughters where they couldn’t follow a recipe. He includes good treatment and forgiveness necessary in spouses. But he also explains that God understands and doesn’t want people in a failed marriage to continue hurting. You might also be interested in these essays about commitment .

“Depending on the reasons that led up to the divorce the effects can vary… I was fourteen years old and the one child that suffered the most emotional damage… My parents did not discuss their reasons for the divorce with me, they didn’t have to, and I knew the reasons.”

The author starts the essay by citing the famous marital promise: “For better or worse, for richer or poorer,” before going in-depth regarding the divorce rate among Americans. He further expounds on how common divorce is, including its legalities. Although divorce has established legal grounds, it doesn’t consider the emotional trauma it will cause, especially for children.

Louie recounts how his life changed when his dad moved out, listing why his parents divorced. He ends the essay by saying society is at fault for commercializing divorce as if it’s the only option.

“With divorce becoming more prevalent, many researchers have taken it upon themselves to explore many aspects of this topic such as evolving attitudes, what causes divorce, and how it effects the outcome of children’s lives.”

Massey examines the causes of divorce and how it impacts children’s well-being by citing many relevant research studies. Some of the things he mentions are the connection between the child’s mental health, behavioral issues, and future relationships. Another is the trauma a child can endure during the divorce proceedings.

He also mentions that some children who had a broken family put marriage on a pedestal. As a result, they do their best to create a better future family and treat their children better.

Top 7 Prompts on Essays About Divorce

After adding to your knowledge about the subject, you’re better prepared to write essays about divorce.

There are many causes of the dissolution of marriage, and many essays have already discussed these reasons. However, you can explain these reasons differently. For example, you can focus on domestic abuse, constant fighting, infidelity, financial issues, etc.

If you want to make your piece stand out, you can include your personal experience, but only if you’re comfortable sharing your story with others. 

If you believe divorce offers a better life for all parties involved, list these benefits and explain them. Then, you can focus on a specific pro of legalizing divorce, such as getting out of an abusive relationship. 

If you want to write an essay to argue against the negative effects of divorce, here’s an excellent guide on how to write an argumentative essay .

This prompt is not only for anyone who has no or sole guardian. If you want to write about the experiences of a child raised by other people or who lives with a single parent, you can interview a friend or anyone willing to talk about their struggles and triumphs even if they didn’t have a set of parents.

Aside from reasons for divorce, you can talk about what makes these reasons more probable. Then, analyze what steps couples can take to avoid it. Such as taking couples’ therapy, weekly family get-together, etc. To make your essay more valuable, weigh in on what makes these tips effective.

Divorce is diverse and has varying effects. There are many elements to its results, and no two sets of factors are precisely the same for two families. 

If you have an intimate experience of how your immediate and extended family dynamic had been affected by divorce, narrate those affairs. Include what it made you and the others around you feel. You might also be interested in these essays about conflict .

This is a broad prompt, but you can narrow it down by focusing on an experience you or a close friend had. You can also interview someone closely related to a divorce case, such as a lawyer, reporter, or researcher. 

If you don’t have any experience with divorce, do not know anyone who had to go through it, or is more interested in its legal aspects, compiles different divorce laws for each country. You can even add a brief history for each law to make the readers understand how they came about.

Are you looking for other topics to write on? Check out our general resource of essay writing topics .

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Essay Samples on Divorce

Divorce is a complex and deeply personal process that involves the legal dissolution of a marriage. It marks the end of a once-promising union and triggers a range of emotions, from sadness and anger to relief and newfound independence. Understanding the intricacies of divorce and its effects is crucial when writing college essays about divorce.

How to Write College Essays About Divorce

When exploring the subject of divorce, it is important to delve into the factors that contribute to its occurrence and look at college essays about divorce examples. These can include communication issues, incompatibility, domestic abuse, financial strain, or even external factors such as societal expectations or cultural norms. Discussing these causes helps paint a comprehensive picture of the complexities surrounding divorce.

To provide a well-rounded perspective for an example of college essay about divorce, consider including statistics or research findings related to divorce rates, average durations of marriages, or common age groups affected by divorce. This data can help support your arguments and provide a factual foundation for your essay.

Additionally, it is crucial to examine the legal aspects of divorce. Different jurisdictions have specific laws and regulations governing the process, including property division, alimony, child custody, and visitation rights. Incorporating information about these legal frameworks can add depth to your essay and showcase a comprehensive understanding of divorce proceedings.

While divorce can be emotionally challenging, it also offers opportunities for personal growth and self-discovery. Discuss the psychological and emotional impacts divorce can have on individuals, as well as strategies for coping and rebuilding one’s life after the end of a marriage.

Lastly, explore the societal implications of divorce. Analyze how divorce impacts the perception of marriage, family structures, and gender roles. Consider the evolving attitudes towards divorce in different cultures and how society supports or stigmatizes individuals going through this process in the divorce essay example.

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Best topics on Divorce

1. Cause and Effect of Broken Family: Exploring the Impact on Individuals and Society

2. Growing Up with Divorced Parents: Discussing the Topic of Divorce With Your Children

3. Growing Up With Divorced Parents: The Impact of Divorce on the Children

4. The Effects Of Divorce On Children

5. The Effects Of Divorce On Children In America

6. The Effects Of Divorce On Children And Young Adolescents

7. The Causes Of Divorce That Lead To The Annulment

8. The Causes Of Divorce And The Ruined Marriages

9. The Causes Of Divorce: The Reason Marriage Fails

10. The Causes And Effects Of Divorce

11. Main Reasons For Divorce In The United States And How It Impacts Family

12. My Personal Opinion On Why Divorce Shouldn’t Be Legalized

13. Common Social Problems Encountered In Family Life And How They Affect The Marriage

14. Divorce Rates In Kenya And Means To Reduce Them

15. Divorce Process And Finances In Hennepin County

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152 Brilliant Divorce Essay Topics & Examples

For those who are studying law or social sciences, writing about divorce is a common task. Separation is a complicated issue that can arise from many different situations and lead to adverse outcomes. In this article we gathered an ultimate list of topics about divorce and gathered some tips to when working on the paper.

Divorce Can Be an Act of Radical Self-Love

By Lara Bazelon

Ms. Bazelon is a professor at the University of San Francisco School of Law and the author of the forthcoming book “Ambitious Like a Mother.”

I used to believe that divorce is a terrible thing, particularly when children are involved. Growing up, I absorbed cultural tropes about absent fathers in efficiency apartments, mothers struggling to support themselves, and awful stepparents and unwanted stepsiblings. To this day, divorce is portrayed as precarious and grim. Parents whose marriages break apart are made to feel they have failed catastrophically. Divorce is shameful, traumatic and Bad For The Kids .

But I’ve learned that divorce can also be an act of radical self-love that leaves the whole family better off. My divorce nearly seven years ago freed me from a relationship that was crushing my spirit. It freed my children, then 5 and 3, from growing up in a profoundly unhealthy environment.

There was no emotional or physical abuse in our home. There was no absence of love. I was in love with my husband when we got divorced. Part of me is in love with him still. I suspect that will always be the case. Even now, after everything, when he walks into the room my stomach drops the same way it does before the roller coaster comes down. I divorced my husband not because I didn’t love him. I divorced him because I loved myself more.

There are many reasons we did not make it. But the main one is that we had incompatible visions of our roles as partners and parents. Having children did not transform me. In fact, it didn’t change me much at all. I love our children beyond reason. I know I am lucky to have them.

But after I became a mother, I was still the same striving, work-obsessed, domestically challenged person I had always been. I made choice after choice to prioritize my career because I believed fervently in the importance of the work I was doing, providing legal representation to wrongfully convicted men and women . It gave me an identity, a purpose and the comfort of knowing I could support myself.

My ex-husband was not unreasonable in wanting me to change — not to give up working, but to stop chasing after bigger, harder projects. He works hard but not when he is at home. He rarely travels and actively engages with nearly every aspect of our children’s lives, no matter how mundane. I fell short of his standards. “You are not present” was a phrase I heard a lot. Sometimes it was literal: For years, I traveled frequently for work. Sometimes it was metaphorical: My mind consumed by a case or a piece of writing, I would retreat to an inner world that made it hard to focus on the people right in front of me.

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Divorce is how you legally end a marriage. In a divorce, the court formalizes who has custody of children, pays support, controls property, and is responsible for debts. The guides and articles in this section can answer questions about dissolving a marriage. Guides are meant for cases where the spouses agree on everything, or where one of the spouses is unlikely to take part in the divorce process.

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How to serve the initial court papers (family law).

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How to Serve the Initial Divorce Papers

I need a divorce. we do not have minor children., i need a divorce. we have children under 18., i need a divorce. we have minor children. a final custody and support order is already in place., i need to combine my sapcr with my divorce., related articles, acknowledgment of paternity and denial of paternity, alternatives to legal separation in texas, amended petitions in family law cases, attorneys ad litem and amicus attorneys in family law cases, changing a custody, visitation or child support order, changing your address or employment information.

How To File for Divorce In 2024: A Simple Guide

Updated: Aug 23, 2022, 11:37am

Table of Contents

How to file for divorce in your state, what are the requirements for a divorce filing, do i need an attorney to file for divorce, how to start a divorce, serving your spouse, filing the response papers, uncontested and contested divorce filings, frequently asked questions (faqs).

Divorce was not part of your original plan when you married, but it unfortunately may become necessary. The good news is that not every divorce needs to be complicated, and you don’t always need an attorney to represent you. Here are the basics of how to file for divorce.

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Each state has its own divorce forms which you can obtain from the state court website or at the courthouse. You can also choose to work with an attorney who will file for you. You must use the specific forms for your state to file for divorce.

In general, you will file a petition or complaint for divorce and serve your spouse with it. This document asks for a divorce and explains what you are asking for in terms of distribution of assets and debts, support and child custody.

Your spouse will be able to respond to the complaint or petition. Each side can then request discovery to obtain documents (such as bank statements) from each other so that both sides have the same information. Some states require you to go to mediation or to at least have settlement meetings with court personnel.

If your divorce does not settle, a trial is scheduled, and the judge hears both sides and makes a determination. If the divorce is complicated with a lot of assets or custody issues, it may take several days or weeks to complete the trial.

States have varying requirements about how long you have to live in the state before you can file for divorce, waiting periods after filing and grounds for divorce.

Residency Requirements

When you want a divorce, you don’t necessarily have to file for divorce in the state where you were married. Instead, you must meet the residency requirement for the state you live in at the time you file for divorce. Residency laws generally require you to live in the state for at least three months prior to filing, but this varies from state to state, so check your state laws. If one spouse lives in another state, you may choose which state to file for divorce in.

Waiting Period

Your divorce isn’t going to be finalized immediately after filing the petition. In fact, even if both parties agree on all terms, the state may require a waiting period before you can finalize the divorce. For example, California has a six-month waiting period. Texas is shorter, with a 60-day waiting period.

Some states may have longer waiting periods, specifically for couples with minor children. The waiting period is intended to be a time to let emotions cool down and allow the couple to be certain they want a divorce and to try to reach a settlement if so.

Grounds for Divorce

The grounds for a divorce is the reason you are seeking divorce. All states have no-fault divorce, which means neither spouse is blamed. However, most states also offer grounds such as adultery, imprisonment, abandonment, legal separation or cruel and inhuman treatment. If you use a ground other than no-fault you must provide proof.

It isn’t necessary to get an attorney when filing for divorce. There are even some online divorce services that can make the process easy.

However, complicated divorces with a lot of assets, debts and custody issues usually require the know-how of a savvy family law attorney who knows how to navigate the system and make compelling arguments so that the judge can make the best decision.

Some couples that agree on all the divorce terms can use one attorney to file all the documents if they don’t want the headache of dealing with the courts and documents on their own. However, each spouse should always have their own attorney review any settlement prior to filing.

Many people file for divorce without the help of an attorney and can get guidance from the court’s self-help center to complete the appropriate forms. Keep in mind that self-help centers will not offer legal advice; they are just there to assist with getting the correct forms in order.

There are at least initial three forms to complete when filing for a divorce including the:

• Family court cover sheet. This lists the basic information about you and your spouse, including any children that you have. The person who files the form is the plaintiff or petitioner, while the other spouse becomes the defendant or respondent.
• Complaint for divorce. This may also be called a Petition for Divorce and tells the judge what you want from the divorce, including assets, child support, spousal support and custody.
• Summons. This is filed with the court and served with the other documents to your spouse to notify them of the divorce request. They have a limited timeframe to respond to this–usually 21 days, but this may vary from state to state.

The forms are filed with the court clerk, who date stamps them and enters them into the court record.

While most couples have had a conversation about the divorce before the petition is filed, this isn’t a requirement. Legally, however, you must notify your spouse of the official court filing whether you discussed the divorce or not. This is done by having the summons, petition or complaint legally served on your spouse.

Service is usually accomplished by a professional process server handing your spouse the documents and then filing a form. You can have someone you know serve the papers if they understand the state rules or you can hire a process server, which usually costs between $30 and $100.

Some states, such as Hawaii, allow service to be done via certified or registered mail. Check with your state regarding requirements for serving your spouse.

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If you are not the plaintiff, you will be served the divorce documents. You must file your response or answer within the given period of time. While most states give 21 days to respond, you’ll want to check with your state’s court clerk to make sure that you file your response on time. The document you receive will likely also list this.

In the response papers, you will state what you agree with and don’t agree with in the complaint or petition. You might not agree with how your spouse wants the assets to be divided or the requested custody schedule. You can also simply state you are contesting everything your spouse is asking for, which gives you time to think through your options.

Make several copies of your response. You’ll file one with the court clerk, send one to your spouse and keep one for your records.

An uncontested divorce means you don’t challenge anything your spouse asks for in the petition or complaint. Essentially, you are giving your spouse everything that they are asking for or you have reached a settlement together that is submitted with the petition or complaint. Some states will allow a reduced waiting period if the divorce is uncontested. For example, Hawaii will have no waiting period, making the divorce process quick.

An uncontested divorce also happens when the defendant or respondent simply does not answer within the required time period. The case then proceeds without them.

If your divorce is contested , the court will hear both sides at trial and then make a determination on what the final ruling will be. Expect to clearly outline your wishes and provide any evidence to back up claims that would affect a judge’s ruling. For example, if your spouse has a history of drug abuse and you want primary custody, having evidence of their drug use, rehab and any arrests will help your case.

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What if I can’t locate my spouse for service of divorce papers?

If you cannot locate your spouse to serve them with divorce papers, the law may allow you to use another type of service, sometimes called substituted service. This could involve leaving the documents with someone at your spouse’s home or workplace or publishing a notice in a newspaper.

How long does divorce take?

The length of time a divorce case will take depends on the court’s schedule, whether there is a waiting period and whether or not you have reached a settlement. In most cases expect it to take several months at a minimum and a year or more if it is a contested divorce.

How much will divorce cost?

The cost of divorce depends on whether you use an attorney and how complex your case is. If you file the papers yourself, you will only have to pay your state’s filing fees of a few hundred dollars or less. The average cost of an attorney for a contested divorce was $11,300 according to one study. Lawyers usually bill at an hourly rate between $200 and $300 per hour.

How is a divorce finalized?

Your divorce is final when the judge signs the divorce judgment or decree of divorce. This document lists the court’s decisions about all the issues in the case and legally ends the marriage.

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Getting a divorce in Russia

The divorce rate in Russia is one of the highest in the world. Discover how Russian divorce law works and gain an understanding of the process, including child support and property division regulations.

By Expatica

Updated 13-8-2024

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Living apart is one thing, but divorce is another thing altogether. The complexity of getting a divorce in Russia depends on whether you’re following a judicial procedure or an administrative one.

In this guide, you can find out how to file for a divorce , how the process works, and how child support is decided if the two parties cannot agree.

The divorce rate in Russia

Divorce in russia: types and costs, judicial divorces, administrative divorces, who can get a divorce in russia, grounds for divorce, restrictions and russian divorce laws, child support after a divorce in russia, property division during a divorce in russia.

Russia has one of the highest divorce rates in the world according to statistics from 2012. According to this data, Russia had 4.5 divorces per 1,000 inhabitants. This is a little higher than the likes of the United States (3.6), but well below the Maldives (10.97).

There are two types of divorce in Russia: judicial and administrative. You don’t already need to be legally separated to apply for a divorce .

The Russian process works differently than those in many other countries. Divorcees deal with some issues separately from divorce proceedings. These include division of property, finances, and child custody arrangements.

Getting divorced in Russia is also cheaper than in many other countries. You’ll only usually need to pay a nominal registry fee of around R400 to file an application. However, you also must cover any lawyers’ fees.

How to get a divorce in Russia

The judicial procedure is the most complex route. It applies when you have children under 18, or when one party contests the divorce or is unwilling to lodge a joint divorce petition.

This type of divorce takes longer than an administrative one. If you don’t have children it shouldn’t take more than six months. If you have children, the court has the right to rule on custody and child maintenance if an agreement isn’t possible.

The administrative procedure, meanwhile, allows couples divorce through the Civil Acts Registration Office (known as ZAGS). This is usually for those who don’t have any children and mutually agree to the divorce. The process can last as little as a month.

When you apply for a divorce, the court may allow a cooling off period of up to three months. At the end of this period, if one or both parties still insist on the divorce, the court will go ahead with it as planned.

To apply to a court for a divorce, one of the following must apply:

• One party must be a Russian national
• The respondent must have property in Russia
• One party must have residence in Russia

To divorce in Russia, you must prove the marriage broke down irretrievably and that it’s no longer possible for the couple to live together any longer.

While this is the only official ground for divorce in Russia, it’s broad enough to cover a range of issues.

There a couple of things that could stop your divorce proceedings going ahead.

First, if the divorce is already being heard or proceedings have been issued outside of Russia then the court can dismiss your petition.

It’s also not possible to apply for divorce while your wife is pregnant until the child turns one year old unless she agrees to it or has filed the divorce herself.

Divorces carried out abroad are recognized in Russia, as long as they meet the legal requirements of the country that they took place and don’t contradict any of the principles of Russian family law.

In general, the Russian Family Code rules that children are better off living with their mother if their parent’s divorce.

Fathers are entitled to put their case forward for custody in court and get access to see their children, but Russian courts rarely allow joint custody. Children aged over 10 are allowed to testify in a custody hearing.

A parent who doesn’t live with their child or children needs to pay child support once the divorce is confirmed. This is paid until the children become adults and is based on a tiered system of 25% of their income for the first child, 33% for two children or 50% for three or more children.

When you get divorced, you’ll usually need to divide any property or other assets. According to Russian law , any assets that you obtain during marriage will be divided when you get divorced. In the best-case scenario, you can come to a mutual agreement and have this certified by a notary.

If agreement is impossible, a court rules over the division of assets. If you have any joint assets that you acquired for your children, these will be given to the parent who has custody.

About the author

Originally from Vancouver, Adam is an editor with interests ranging from urban design and digital nomads to disaster relief and modern conflict.

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Divorce Lawyers in Russia

• Divorce Procedure in Russia

The Family Code is the main legislation related to civil matters such as marriage registration , divorce procedures, and child custody . The Family Code is comprised in the Russian Civil Code and was enabled 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 offer detailed information on the procedures to be fulfilled 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 the family court here has 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 actions. Our divorce lawyers in Russia can offer detailed information on 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 there 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 , these are:

• - one cannot file for a divorce while the wife is pregnant;
• - one cannot file for a divorce 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 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 months period for reconciliation and after that, the divorce will be pronounced even if the spouse still opposes the dissolution.   The divorce procedure  cannot be initiated during the wife’s pregnancy or within the first year of a child’s birth without the wife’s consent.

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 matter and division of assets .

The administrative divorce in Russia

As mentioned earlier, the administrative divorce is one of the proceedings which can be completed before a Russia 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 absence of one of the spouses when the absent spouse is imprisoned for at least 3 years or has been legally declared as missing.

It should be noted that justices of the peace will rule in administrative divorce proceedings in Russia .

The judicial divorce in Russia

If one or both the conditions mentioned above is not fulfilled, the judicial divorce will be the proceeding under which a Russian marriage can be ended. This means that if one of the spouses does not agree with the divorce or the couple has children, a judge will decide over the end of the marriage.

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 properties have been made.

No matter if the judicial divorce is agreed upon or not, both spouses will need legal representation before the court. Also, compared to the administrative divorce, the judicial procedure will fall under the jurisdiction of district courts 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 the divorce, he or she should also hire a lawyer.

Our law firm in Russia is at the disposal of those interested in obtaining a divorce in this country.

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.

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 argument over joint property, the court will rule over 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 that has custody over the child or children. Money deposits made by partners in name of their children will not be taken into account when property division is made.

Our divorce lawyers in Russia answer a few questions

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

1. Is there any separation period before filing for a divorce in Russia?

No, Russia is one of the few countries which do not require a separation period in order to prove the breakdown of a marriage.

2. What happens if I don’t have/lost my marriage certificate?

Our Russian lawyers can obtain another marriage certificate on behalf of our client.

3. If I got a divorce abroad, do I need to register it with a Russian court?

If an agreement has been signed by Russia and the country where the divorce took place, the foreign judgment will be recognized automatically in Russia.

4. How much does a divorce procedure take in Russia?

The length of a divorce procedure depends on the type of divorce and on how soon the documents can be submitted with the court. However, in Russia divorce procedures are completed quite quickly compared to other countries.

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

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

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Divorce in Russia

Every day we receive many emails from around the globe with questions on how to resolve matrimonial issues with Russian citizens. Many people are concerned how to get a divorce with a Russian wife or Russian husband.

Administrative Divorce in the Russian Federation

The type of divorce is quick and simple, but there are certain prerequisites need to meet:

• Both spouses agree on a divorce
• Don’t have minor children
• Don’t have property issues

Joint application for divorce would need to be filled out and submitted to a ZAGS authority in Russia (Russian Vital Records Office).

However, an Administrative Divorce requires personal appearance to ZAGS of either both spouses or one of the spouses with the consent of the other party. This is not always possible to achieve because, most of the time, both parties of divorce procedure are located overseas of Russia. Besides, in most countries, a divorce only be achieved through a court. Due to this, these countries may not recognize an Administrative Divorce in Russia. Therefore, Karina Duvall as an International Divorce Attorney, recommend getting a divorce with foreigners through a court.

Benefits of Divorce in Russia

Compared with the law of most countries, Russian Family Law allows getting a divorce order without resolving any other matrimonial issues. This means that you can get divorce quickly while avoiding high expenses. Subsequently you keep the right to resolve any other matrimonial issues: child custody, child support, equitable distribution (division of property), spousal support (alimony), visitations, etc. Meanwhile in the United States, United Kingdom, Europe or Australia dissolution of marriage can take many years due to the necessity of resolving all matrimonial issues listed above, you can be divorced in the Russian Federation during just few months.

Why the term of divorce is important?

During marriage, each spouse has certain rights and obligations:

• In case of death of one of spouse, the other spouse will become as inheritor.
• In the case that spouses have no pre-nuptial agreement, they will keep common property regime until last day of marriage. Therefore, they have risk of division of property even if they bought it living separately.
• In case of obtaining a professional degree by one of spouse during divorce procedure, but before divorce become final, the professional degree can be subject to division.
• In some cases, a Russian divorce can help spouses avoid obligation to pay a spousal support.
• In case of divorce in Russia, you can avoid the obligation to serve Russian defendant according to Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Judicial Divorce in Russia

This type of divorce is when a marriage is terminated by judicial order. During Russian divorce procedure, you do not have to find grounds for divorce or prove them. Therefore, you have the right to get divorce without having an explanation and grounds trial.

Step 1: You need to hire international divorce attorney in Russia. You can choose Karina Duvall as your divorce attorney.

Step 2: You need to provide your divorce lawyer a Power of Attorney. In most cases, a Power of Attorney requires an apostille according to the Hague Convention of October 5, 1961 Abolishing the Requirement of Legalization for Foreign Public Documents.

Step 3: You need to provide your divorce attorney the necessary information about your marriage.

Step 4: You need to provide to your attorney the marriage certificate and child’s birth certificate (if you have any children). If there are absents of any of the documents above, you need to ask Karina Duvall to obtain duplicates of certificate of marriage and certificate of child birth certificate (if applicable). She is doing it in any jurisdiction.

Step 5: Your attorney will prepare and file divorce case to the proper Russian court.

Step 6: The judge will consider your divorce action and making decision.

Step 7: They both parties have right to appeal during a one month period. If there is no appeal, the Russian divorce order will become into force.

Karina Duvall will provide you her professional services during every stage and any difficulty. Feel free to contact us at any time for any matter.

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