It should be noted immediately that such actions are carried out solely in accordance with the legislation of our country. For this reason, a divorce process concluded on the territory of Russia may be recognized as illegal outside its borders.
Dissolution, as well as registration of marriage, are carried out in the civil registry offices. However, this rule applies only with the mutual consent of the former spouses who have no common minor children. In all other cases, dissolution of marriage becomes the prerogative of judicial authorities.
Even if one or both spouses live abroad, their case for termination of marital relations will still be considered by the court of the Russian Federation. All cases will be considered in exactly the same manner as divorce proceedings for residents of our country. The presence of both spouses is mandatory in court, except in cases of permanent residence of a foreign citizen outside our country, of course, with full observance of his civil rights.
Unlike the legislation of some foreign states, the Russian court does not determine the fault of one of the spouses, but terminates family relations provided that it is impossible to further preserve the marriage. The absence of clearly specified grounds for termination of marriage is a feature of the judicial process in our country.
However, with some foreign states, including Vietnam, Poland, Czechoslovakia, etc., our country has concluded a treaty on legal assistance. This document provides for divorce in accordance with the legislation of the country of which the former spouses are citizens. In case the spouses live in different states, divorce may be carried out under the laws of any state that has signed the treaty.
The divorce procedure is also determined by the Convention on Legal Assistance between the CIS countries, which, when dissolving a marriage, allows this process to be carried out in accordance with the legislation of the country whose judicial authorities initiated the process. If both former spouses permanently live outside our country and in a state that does not have a treaty on legal assistance with Russia, divorce may be carried out according to the legislation of that country. However, such a divorce may not be recognized by Russian judicial authorities.
Of course, it is beyond the power of an ordinary citizen to know all the intricacies of the current legislation of our country, let alone a foreign state. Moreover, this is not at all necessary. It is much more correct and convenient to use the services of a qualified family law attorney, whose competence also includes resolving issues of divorce and division of jointly acquired property.
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