Women's organizations in Canada help with divorce. Life in immigration and... in divorce

In Canada divorce can go through two stages - separation and myself as a legal entity registration of dissolution of the union.

Many issues need to be resolved already at the stage of separation, before the process begins. A couple is considered separated if they do not live together and consider it impossible to continue living together. It is at this stage, before divorce proceedings , husband and wife planning to divorce need to make basic decisions, in particular, about who will continue to live in the family home and what amounts will be paid alimony how will it be share joint property and who will take custody of the children.

These issues can be resolved in a number of ways: by concluding an informal oral or written agreement, or by entering into a formal Separation Agreement. The last document is one of the most important for, and therefore, to give it legal force, the Agreement must be signed by both spouses in the presence of a witness, who also certifies the document with his signature. If an agreement is impossible, you must go to court, and this will be your first step towards.

However, it should be kept in mind that Separation Agreement and the relevant court order regulates matters relating to the termination of the marital relationship, but does not legally dissolve the marriage. In order to get a divorce, you must go to court, and only the court can make a decision about . Thus, the divorce procedure requires judicial review and legally confirms divorce.
You can get it by proving that your marriage has actually broken up and submitting the relevant documents. Divorce documents must contain evidence of the actual absence of marital relations during the year, the entry of one of the spouses into intimate relationships with another person, or evidence of your spouse's physical or psychological abuse of you.
If you and your spouse cannot agree on conditions of divorce, according to the Family Code of Canada you should start divorce proceedings in a court. If you have reached an agreement, you can only submit your agreement to the judge for approval along with application for divorce. Compose application for divorce and prepare the rest package of documents for divorce A lawyer specializing in family law can help you. Divorce lawyers quite a lot both throughout Canada and in Toronto in particular.

Question: We have been living apart for five years and are satisfied with our end of relationship agreement. Now I want to get a divorce. Can I prepare the necessary documents myself?
Answer: Yes, you can prepare the divorce documents yourself. However, you should retain the services of a divorce lawyer to ensure that you fully understand the full implications of ending your marriage. Your lawyer will provide you with advice on important divorce-related issues such as alimony, taxes, and more.
Signing a separation document is a very important step in getting a divorce. The decisions you make today at the time of your divorce can have enormous implications for you and your child/children throughout their life after the divorce. It is quite difficult to challenge an existing agreement to terminate a relationship in court; this requires very compelling reasons, for example, the fact that the ex-husband or wife concealed his true financial situation, and if similar grounds no, not even the best divorce lawyer in Toronto can help you.
It is also important to take into account that the termination agreement is also signed by couples who were not officially married.
Question: We lived together for 11 years and we have a child. We have a common house, a car and a lot of furniture. We bought all this together. We're having problems and we're talking about breaking up. Can we conclude a Termination Agreement?
Answer: Yes, such an agreement can be signed by both officially married couples and couples living in civil marriage. It is important that each of you discuss all divorce documents with your attorney before signing them.
In some cases, the court may schedule a divorce meeting in court. These meetings help you discuss the details of your case with the judge, who may be able to come up with a compromise that will satisfy both you and your partner.
Question: We cannot agree on the issue of child custody. If we go to court, should the children also be present in court?
Answer: The judge will need information about the children's needs and relationships with each parent. In most cases, judges do not call children to testify directly during a divorce proceeding. They rely primarily on independent assessments and recommendations that can be provided by social workers, psychologists, psychiatrists, and in some cases, representatives of the Children's Advocate's Office. If the judge believes it is necessary for the children to have their own lawyer at the hearing, he may ask the Children's Law Office to provide legal assistance to the children in their parents' divorce.
Question: Do I need a divorce lawyer for my court hearing?
Answer: It is not necessary to have a divorce lawyer present during court hearings. In this case, the responsibility for completing and filing all proper divorce papers rests entirely with you. However, the help of a divorce lawyer will greatly facilitate your task and increase the chances of a favorable outcome for you in court.

What can cause divorce in Canada?

To file for divorce in Canada you need to show that your marriage is permanently over. A marriage is considered permanently broken up in three cases:

Rseparate accommodation ( You have not lived with your spouse for one year . You can live under the same roof, but not live with each other as a couple for a year);

adultery (your spouse had an intimate relationship with someone else after marriage);

your spouse used physical or mental violence against you.

In the second and third cases, you can file for divorce immediately, however, you will have to prove your case.

How to arrange separation?

The couple may separate. Or, if both spouses remain in the same apartment, they can still agree to separate residence and lead independent lives in the same premises.

You can reach an informal agreement, but it is better to formalize a separation agreement that has legal force.

In a separation agreement, you and your spouse put in writing the agreements you have reached on a number of important family issues (custody, access rights, child support, spousal support).

Who can file for divorce in Canada?

– if you got married legally in Canada or in any other country;

– if you live separately from your spouse and there is no chance that you will unite again;

– if one or both of you lived in a Canadian province or territory for at least 1 year before filing for divorce.

Can I file for divorce if I am not a Canadian citizen?

Yes. You do not have to be a Canadian citizen to file for divorce in Canada.

Can a divorce take place if only one of the spouses wants it?

Yes . If one of the spouses wants a divorce, then the marriage has broken up.

Do I need a lawyer?

If you both agree on the issues that arise as a result of your separation (such as custody, access to children, child and spousal support, division of property), you can file your own divorce papers.

If you cannot agree on the issues raised by your separation and divorce, you should obtain legal advice.

How long does a divorce take?

After filing an application with the court, on average the process takes about 3 months. But this is provided that the judge does not require additional papers or redo documents. Sometimes in complex cases, divorce can last a year or more.

Types of divorces in Canada

10 general steps when family divorce In Canada

Step 1: Decide to get a divorce and separate from your spouse.

Step 2: Receive a divorce petition. Each province and territory has its own forms.

Step 3: Determine your grounds for filing for divorce. Will it be a divorce by mutual desire or is it your decision?

Divorce by mutual will requires one year of separation. If you decide to file for divorce yourself, then you need a reason - either your spouse’s betrayal, or cruelty/violence on his part. In this case, you will need to provide evidence to substantiate your claims.

Step 4: Determine whether your divorce is uncontested or contested and indicate the type of divorce in your application.

• Uncontested divorce: Both partners agree to the reasons and terms of the divorce. These divorces only need one application.
• Contested divorce: The spouses do not agree on the reasons and/or terms of the divorce. In this case, both spouses must file a separate petition for divorce.

Step 5: If you have a child/children, include your parenting agreement plan, custody, child support, etc. For a contested divorce, each spouse will have to provide their parenting preferences. For an uncontested divorce, you simply must outline your agreed upon agreements.

Step 6: File your divorce petition at the courthouse in the province/territory in which you reside; or through your lawyer. Pay the fee.

Step 7: Wait for approval from the Ottawa Divorce Registry. Once the divorce papers are served on your spouse, he/she has 30 days from that date to respond.

Step 8: After 30 days, if there is no response filed by your spouse, you can file the divorce with the court by submitting your Affidavit for Divorce, Divorce Order, and Clerk's Certificate.

Step 9: Wait for notification of the court's decision to grant you a divorce. The judge will review all the materials, and if they are satisfied, he will grant you a divorce.

Step 10: You can receive your divorce certificate 30 days after your divorce is official. Only then will you be legally divorced and have the right to remarry.

Hello Nika! I was very touched by your letter, and I decided to try to help you. Of course, I live in England, and not in Canada, but I simply could not ignore your problem.

A friend of one of my relatives here is married to a Canadian, she has only been in England for 3 years, and before that she lived in Canada all her life. There she divorced her first husband. True, her situation was different from yours - no one left the country and there were two children in the family. However, I talked to her, and also read information on Canadian sites, for example: www.divorceincanada.ca/general.htm You can look at this site yourself, although it only provides general information.

Unfortunately, you did not mention how much you own English language, so maybe it would be better if I summarize what I understood from this site and from a conversation with my Canadian friend.

So, the reasons why you can file for divorce in Canada. To file for divorce in Canada you need to show that your marriage is permanently over. A marriage is considered permanently broken if:

Have not lived together for 1 year;
- adultery;
- physical or mental cruelty. The second and third reasons need to be proven.

I understand from your letter that this does not apply to you in any case.

Now, who can file for divorce in Canada:

If you got married legally in Canada or any other country;

If you live separately from your spouse and there is no chance that you will get back together;

If ONE or BOTH of you have lived in Canada for at least 1 year before filing for divorce.

And the note - “You do not have to be a Canadian Citizen to file for divorce in Canada.” Therefore, you can also file for divorce, since ONE of you - your spouse - lives in Canada.

Based on the above, it turns out that neither you nor your spouse can file for divorce earlier than 1 year after you separated.

Another piece of information that may interest you is that if you file for divorce based on 1 year of separation, there is no need to tell and prove who is to blame for what. ANY spouse can request a divorce. Also, legal separation does not necessarily mean living in different houses or at different addresses. Living separately can also be in the same house.

To file for divorce, you need to fill out the appropriate forms. The forms can be found in Canada at government stores; some legal institutions, such as courts; in the Internet; Family Law information centers. The last one, it seems to me, is the most the best place address.

If you decide to file for divorce on your own, and not wait for your husband to file, it is advisable, but not necessary, to have a lawyer. My personal opinion is that you don’t need it. Fill the form. Usually, the Form itself or some Appendix to it says how much you need to attach a check for, and send it all to the courthouse, in the Province where your husband lives. If the Form or Appendix does not say how much you need to pay (court fee), you can, for example, call the appropriate court and find out, or the local Family Law Center. And then follow the rules and directions of this court.

In England, for example, if the so-called “Divorce on the Internet”. I don’t know the details, but my friend’s husband was divorcing her over the Internet. She said that, according to him, it was cheaper. (This all reached almost the last stage - then they changed their minds). Maybe Canada also has a similar service?

As for your husband filing for divorce, according to all of the above, he will be able to do this 1 year from the day you live separately. As for whether you will know or not, here I can make a comparison with the English Legal System, namely: on the Divorce Form, the spouse is required to indicate the address of the other party. Then a copy of the divorce petition is sent to this address. I am sure that in Canada there should also be some kind of notification method like this. Canada is a civilized state that respects Human Rights. And your right to know that an application has been filed against you in Court, and you are going through a divorce.

As for compensation for the fact that you worked for him and, as I understand, undermined your health, then, unfortunately, again in my opinion, I don’t think it will be considered that you worked for him. Most likely, this will be seen as you supporting yourself and your family. Although I understand that, most likely, you did not describe everything in the letter. But it is usually very difficult to prove such things, and I think you can’t do it without a lawyer. I have nothing to recommend here.

Naturally, everything that I wrote in this letter is not a legal certificate, it is simply my personal advice and analysis of the situation. Perhaps someone who lives in Canada could give you better advice.

Regarding your feelings, of course, an unsuccessful marriage means pain, resentment and disappointment. But they will pass, believe me, and one fine day you will understand that you will be better off without this person. People should live together to make each other happy, support each other and trust each other. Did this happen in your marriage? All attempts, in my opinion, were only on your part. All your husband needed was money and entertainment in the form of constantly changing girls. Men living or trying to live off women have existed throughout history, so this is nothing new. You have to decide, do you need it? He, in fact, used you. He is already about 45, he will not change, this is not the age when people change their habits or lifestyle. You are still a very young woman, you still have a lot ahead of you.

I think that the most important thing for you now is to focus on the successful completion of your education, which will give you the opportunity, I am sure, to find an interesting, well-paid job. This will help you get back on your feet, look into the future with confidence and not depend on anyone. You will still meet a man in your life who will truly love you, and you will remember this marriage as if it were a nightmare.

I wish you love, happiness and good luck.

Lana England

Categories:
"Life in Israel"
"Russians in Canada"

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Maryna_H. (England): Question for girls living in Iran - sale of land.

Hello! I was pleasantly surprised to learn that quite a lot of “our” girls live in Iran. Maybe someone can help me with advice and information.

My mother-in-law is Iranian, she was born and raised in Tehran. She has lived in the UK since she was 20, but her parents remained in Iran. After the death of her father, she inherited a fairly large plot of land, but she does not know how to sell it, and whether it is possible at all. She hasn't been to Iran in so many years, it's a foreign country for her now, and she doesn't know if it's worth trying.

If anyone knows how things are with the sale of land plots in Tehran, and what needs to be done for this, where to go, I will be very grateful for any information.

Thank you!
Marina, England

Categories:
"Russians in Iran"
"Russians in England"

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Maya (Norway): Topic: Norwegian passport. To everyone who lives in Norway. I really need help.

Hello,
I applied for Norwegian citizenship in Norway. I received an answer that I first need to give up Russian. I called the Russian embassy, ​​and they send to my place of registration in Russia. Mom was at the passport office and at the OVIR, no one knows anything there - and they send her to other authorities, even to the Norwegian embassy in Moscow. I also talked to them - they are sending me to the Russian embassy in Oslo. They say that if at the place of residence, then I should go home and live there for a year, but I have 2 daughters, 4 months old, and they are Norwegian. And I was given less than a year of time in Norway.
What to do?

Thanks for any help.

Maya (Norway)

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Valentina (Belgium): Reply to the letter "Olga (Belgium): My son is in Russia, and I am in Belgium."

Hello, Olga from Belgium! My husband is going to adopt my children. My daughter will be 18 years old in September, and my son will be 15. I’ll tell you our journey. There are questionnaires on the website www.kindengezin.be, which we filled out and sent to the specified address. They sent us a reply that we had been registered. But because of our daughter, we don’t have much time, my husband called and he was prescribed courses that last 2 days, but the whole day - from 10.00 to 17.00 - we went to a meeting, because we need to be in time before September and scheduled courses in October. Training is paid.

I have an official renunciation of paternity by my ex-husband with the right to change his surname and patronymic. We don’t yet know exactly how much we need to pay for adoption, but it’s about 1,500 euros. And in our version, this is adoption within the country, and in yours - outside... My children have lived here for two and a half years, they were very afraid to move, but I insisted and have no regrets. I can’t imagine what they would do here with high school diplomas...

The first year we studied only the language, then the son went to college, and the daughter to college. We received a lot of additional lessons in French, English and Dutch - all for free. Now they read books in three languages. We pay 350 euros per year; plus books, printouts - 100 euros per child. It's much cheaper than studying in Odessa!

Write, I will be glad to answer all your questions!

Best regards, Valentina

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Oksana (Sweden, Stockholm): Those living in Stockholm, respond! Reply to the letter “Vika (Germany, Berlin): Together it’s easier! Let’s get to know each other, meet, set goals, lift our spirits.”

Hello, Vika (may I speak to you?)!
I live not in Berlin, but in Stockholm, I am married, my little daughter is 6 months old. What you wrote is very close to my heart, I could write such a letter myself.

Of course, it’s easier to meet those who live in the same city as you, but you can also fly to another European capital for a few days. It often happens that you can buy a cheap ticket (for example, Ryanair), but finding a cheap hotel is much more difficult (and there are no really cheap hotels...), and the trip does not work out...

Right now it’s a little difficult for me to plan something like this, but it’s a good idea, in my opinion.

Those living in Stockholm, respond!

Oksana

Categories:
"Russians in Germany"
"Russians in Sweden"

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Elena_G. (USA, Asheville, North Carolina): Response to the letter “Lyudmila (Russia): Permission to transport medicines from Russia to the USA.”

Good afternoon,

I am writing an answer to the question posed about medications: usually customs does not find fault with medications. For greater peace of mind, you can even put it in different corners of the suitcase so that the packages are not noticeable when checking.
We once carried a whole suitcase of various medicines - from sprays and syrups to tablets. Customs didn't even say a word. And all our friends often bring medicine with them under the same order as yours.
Elena.
Asheville, NC, USA.

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Natalya_P.: How much should a man earn in England to provide
normal standard of living for two people?

Hello Olga! Please publish my appeal in your magazine. Share information with those who live in England - regarding how much a man should earn to ensure a normal standard of living for two people. Normal level- this is, of course, food, clothes, some purchases for the house, entertainment, vacation. What can be considered the minimum subsistence level? I met my English friend several times, neither I nor he have children, and I would like to know whether he will handle the financial side of the marriage if it takes place.
Sincerely, Natalia

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Maria (Republic of Belarus): My beloved from Denmark and I have been together for 2 years now.

Hello, my name is Maria, I am from Belarus. I am 27 years old, I have not been married yet, but I hope to be soon... My beloved from Denmark and I have been together for 2 years now. We met via the Internet when I was working part-time in marriage agency translations (finished foreign language) and looking through profiles with clients, I decided to write to a handsome man with a white scarf around his neck... Correspondence began, every day in the chat, and now - after 1.5 months he arrived for 3 weeks (!!) Here so right away :-) Apparently fate...

I can’t say that everything is always smooth: the difference in mentality, age, etc. – everything that other girls write so often on this site makes itself felt. But we truly love each other. Since then, he has been to Belarus 6 times and always for a long time (2-4 weeks). We got to know each other well. We went through many trials together (and these are not just big words)...

It so happened that I have not been to Denmark yet, since I work a lot, and last summer - when we were planning my long trip to Denmark - I had to go to America for 1.5 months for work...

After 2 weeks he arrives, and we apply for a 2-month visa to Denmark. He wants me to get to know his country from the inside before making an important decision... Many changes await me, and I ask myself: how ready am I for them... And yet the desire to be with him outweighs some fear of the future (remember how at Makarevich...)

I don’t have a specific question or problem, but I am very pleased that in the entire vast space of the Internet there is your site, where there is no aggression, but understanding, mutual assistance and simply pleasant communication. I have carefully read all the letters from women and girls from Denmark with great interest and look forward to new ones every day...

Best regards, Masha

Advice from lawyers:

1. Company LLC "Job-Trade." operating in the field of employment of CIS citizens in Canada. A real company or another money scam...

1.1. Olga!
Unfortunately, we don’t know this, but if this organization asks for an advance payment, then you should treat it with caution.

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2. What does a wife get in a divorce in Canada?

2.1. ---this consultation needs to be prepared, and preparation payable service. If you need a paid consultation. Contact any lawyer you choose personally and negotiate.

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3. The marriage took place in Canada. Both are Russian, currently in Russia. How to file a divorce?

3.1. A divorce can be filed in Russia if you have a legalized marriage certificate. Please note that Canada is not a party to the 1961 Hague Convention, and apostilles are not issued there; the legalization of documents in Canada is multi-stage, and without personal presence, it is difficult to accomplish. Without a marriage certificate, your case will not be accepted in Russia.

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4. The marriage took place in Canada. Both are Russian, we are now in Russia. How to file a divorce?

4.1. marriage and divorce - without state borders.

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4.2. A divorce can be filed in Russia if you have a legalized marriage certificate. Please note that Canada is not a party to the 1961 Hague Convention, and apostilles are not issued there; the legalization of documents in Canada is multi-stage, and without personal presence, it is difficult to accomplish. Without a marriage certificate, your case will not be accepted in Russia.

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5. divorce from a foreigner. (Canada) he will not be present at the divorce. What documents does he need to send in Russia? It seems like he has no intention of dividing the property. What kind of paper can you use to insure yourself for the future if you suddenly change your mind later? Thank you.

5.1. Maria! On his part, a personally written and notarized application for divorce is required. And further dissolution of marriage will take place in your presence at the registry office according to standard procedure. If the registry office refuses, the divorce can be filed in court at the last place of residence of the foreign citizen or the location of his property.

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6. What documents must be sent to a Canadian citizen for a divorce from a Russian citizen? He is not going to be present and there are no property claims. And then what to do with them? Translate and notarize? Thank you.

6.1. It is much easier in this situation to dissolve the marriage in court. The spouse, a citizen of the Russian Federation, will apply to the court at her place of residence (Article 29 of the Code of Civil Procedure) with a claim for divorce, only by paying a state fee. The court will easily make such a decision in the absence of the defendant
All the best, I wish you good luck!

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7. Tell me how to divorce a foreigner (Canadian citizen) if he refuses a divorce. Have no children. But there is a certificate from the emergency room stating that he raised his hand. Thank you.

7.1. You need to file a claim in court. Attach a copy to your application statement of claim for the defendant, the original marriage certificate, as well as the original receipt for payment of the state fee. The state fee for filing a claim for divorce is 600 rubles. For state registration of divorce, regardless of where the divorce took place, the state fee is 650 rubles for each spouse.

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7.2. The whole question is where you want to get divorced. If it is more convenient for you in the Russian Federation, then you need to know his last place of residence in the Russian Federation. The second question is whether you have an apostille on your marriage certificate. The third question is whether divorce involves division of property. A certificate from an emergency room is not particularly important for a divorce.

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8. Please, one more question: after a divorce, the husband is trying to sue Canadian citizens on the basis that his wife uses drugs (without evidence) against her children. But he did not pay alimony for a long time and she sued him. He did not appear in Canada for about 4 years. If he returns to Canada, his passport will be taken away on the grounds of non-payment of child support, and will he then be able to take care of the children if he proves that ex-wife did you use drugs?

8.1. You have presented everything in an extremely confusing way; it is not clear from your question whether this citizen has already filed a statement of claim in court.

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9. please tell me. Canadian citizens who are divorced have three children. The wife forbade her ex-husband to communicate with the children because he did not pay child support. Now he wants to sue her children and says that she uses drugs. There was a trial and she had to take a drug test. But she doesn't agree. Please tell me what the state does in this case? Do the children live with her or not, and does she have a choice to do the test or not if this is a court decision? Thank you.

9.1. Dear visitor!

Refusal of the test is against her - in accordance with the Code of Civil Procedure. IF there is other evidence, the children may be taken away
All the best, I wish you good luck in resolving your issue!

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9.2. If she refuses to take a drug test, this will work against her. I wish you good luck in resolving your issue.

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10. Divorced in Canada. My husband now lives in Russia. How can he legalize his divorce? And he could divorce me again, but only in Russia, through the court, for example.

10.1. If your marriage has been dissolved, then in this case this will also be recognized and valid on the territory of the Russian Federation; the marriage cannot be dissolved again, only once.

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11. I am in Canada. I have a child from a Canadian. We are in a state of divorce. I want to go on a visit to Ukraine. I want to get permission from the court. What are my chances?

11.1. You have already asked a question about Canadian legislation several times. They will not be able to help you here, because you need the advice of a Canadian lawyer who could study your situation and determine your possible chances in a Canadian court. There are lawyers and jurists from Russia here. How can a Russian lawyer help you with Canadian judicial practice?

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12. I am in Canada as a resident. I have a child from a Canadian. I am in a state of divorce with my child's father. I want to go on a visit to Ukraine. I will take permission from the court. What is the chance of getting permission?

12.1. It all depends on many circumstances. It is better to find a good and experienced lawyer in Canada. I wish you good luck and success. Best regards, A.A. Bogolyubov.

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13. I am in Canada. I have status. Resident of Canada. I have a child from a Canadian. My husband and I are in a state of divorce. I want to go home for a visit (Ukraine). My father does not give consent. I'm going to court. What are the chances of getting permission?

13.1. In court, you need to talk about this and insist that this trip is a trip only in the interests of the child and the obstruction of this by the natural father is just an abuse of his parental rights, then the chances of winning will increase significantly.

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Consultation on your issue

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14. I wanted to know, I am from Kazakhstan and my husband is divorced, I am in this moment in the crisis center, my husband is an influential man, he wants to take my 7-year-old daughter away from me. Can I go to Canada and receive refugee status? I have another daughter in Canada who is settled there and works.

14.1. Tatiana,
1.your ex-husband may, in accordance with the established procedure, impose a ban on the departure of his child from Kazakhstan.
2. I recommend that you pre-trially (with a notary) determine the order of his communication with the child and resolve the issue of alimony.

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15. Is there a possibility of divorce in my situation? The marriage is registered in the UAE Dubai, the husband is Canadian, the children are minors - dual citizenship: Russia and Canada, I am a citizen of Russia.
My husband lives in Dubai, I have been in Russia for two years. Which court should I go to, please advise? Thanks a lot.

15.1. Of course have. If you are a Russian citizen and live in Russia, then the divorce case can be considered by a Russian court.

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16. What document needs to be issued in Canada to receive alimony in Russia? I will file a divorce in Russia through the court because... we have a child. Do we need to draw up an agreement with a lawyer in Canada to pay alimony? Will an agreement certified by a Canadian lawyer in Russia be valid?

16.1. The decision to pay alimony can be made by the court in divorce proceedings if you make such a request. Good luck and all the best to you.

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17. I need to get a divorce. I live in the city of Korolev, Moscow Region, my husband (Canadian citizen) lives in Canada. The marriage was registered in Moscow in 2005, in 2006 I came to him, and in 2008 I left Canada. In 2014, she approached the magistrate with a claim for divorce, but it was not accepted and she was advised to turn to lawyers privately. I am a pensioner and do not have money for lawyers. So what should I do?

17.1. In accordance with Part 1 of Art. 29 of the Code of Civil Procedure of the Russian Federation, a claim against a defendant whose place of residence is unknown or who does not have a place of residence in Russian Federation, may be brought to court at the location of his property or at his last known place of residence in the Russian Federation. According to Art. 21 of the RF IC, divorce is carried out in court if the spouses have common minor children, or in the absence of the consent of one of the spouses to dissolve the marriage. In accordance with Art. 22 of the RF IC, divorce in court is carried out if the court determines that further living together spouses and family preservation is impossible.

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17.2. To initiate the process, it is necessary to draw up a statement of claim, submit it to the court of jurisdiction, and attach supporting documents. To increase the likelihood of a successful resolution of the issue, you can do this with the help of a lawyer.

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18. Married to Canadians. The marriage is registered in Russia. Three children with Russian and Canadian citizenships, as well as passports. We live in Japan. How to file for divorce and what rights and alimony am I entitled to?

18.1. Since you are getting a divorce in Japan, then find out about divorce from Japanese lawyers, not Russian ones. You won't be in Russia, that's for sure.

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19. I am interested in the possibility of divorce abroad. One of the spouses (the defendant) against the divorce lives in Russia (Nakhodka), the other (the plaintiff) lives in Canada. There are minor children.

19.1. You need to contact the lawyers of the country where the divorce process will take place - if we are talking about divorce abroad.

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19.2. There is no need to dissolve a marriage abroad. You can send an application for divorce to the court by mail and ask to consider the civil case in your absence.

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20. I am interested in the possibility of divorce abroad. One of the spouses (the defendant) against the divorce lives in Russia (Nakhodka), the other (the plaintiff) lives in Canada. There are minor children.

How long will this process take and the possible cost?

Thank you for your reply

Sincerely
[email protected]

20.1. Abroad, you can dissolve your marriage at the Russian consulate, but only if you are present together. In Russia, you can file a claim with the court for divorce at the place of registration of your spouse, or at your place of registration, if there is no registration, then at your last place of residence, if it is not possible to come, then issue a power of attorney for a representative who will represent your interests in court .

Tax Code of the Russian Federation Article 333.19. Amounts of state fees for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, and justices of the peace
(as amended by Federal Law dated June 28, 2014 N 198-FZ)

1. In cases considered by the Supreme Court of the Russian Federation in accordance with the civil procedural legislation of the Russian Federation and the legislation on administrative proceedings, by courts of general jurisdiction, and justices of the peace, the state fee is paid in the following amounts:
(as amended by Federal Laws dated June 28, 2014 N 198-FZ, dated March 8, 2015 N 23-FZ)
(see text in the previous edition)

5) when filing a claim for divorce - 600 rubles;
(as amended by Federal Law dated July 21, 2014 N 221-FZ)
(see text in the previous edition)

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21. My child is 16 years old, a citizen of the Russian Federation, permanently living with me in Canada. We want to go on a trip with him to the state of Peru for about one month. What documents should his father, living in the Russian Federation, from whom we are divorced, submit to obtain consent in the Russian Federation for this trip? The surname is the father's child, I got married a second time and changed my surname. Thanks in advance for your answer.

21.1. dear
If the child lives with you in Canada, you need permission from the father to travel to Peru

Happy New Year 2017!

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22. During the divorce, my wife took sole custody of our daughter. The marriage was registered in Russia and dissolved in Canada. I was not present during the divorce as I was already living in Russia at that time; I was presented with a fait accompli. The wife is a Canadian citizen and has Russian citizenship. The child was born in Canada and has Russian citizenship. What are my rights to my child? I don’t pay child support, but I send parcels of clothes for the child.

22.1. If you have not been deprived of parental rights, then you have them in full, that is, you can participate in his upbringing and have the right to see him.

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23. The marriage was concluded in Russia, divorced in Canada, divorce certificate without an apostille. Canada has not signed the Hague Apostille Convention. There are no stamps on marital status in an internal Russian passport. Is an apostille needed on a Canadian divorce certificate when concluding a next marriage in Russia, and is it even necessary to notify the Russian registry office about a previous divorced marriage?

23.1. Is an apostille needed on a Canadian divorce certificate when concluding a next marriage in Russia, and is it even necessary to notify the Russian registry office about a previous divorced marriage?
Yes, you must provide a certificate stating that you are not married.

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