Divorce of a U.S. citizen and legal assistance for divorce

When divorcing a foreign national, two key questions usually arise:

• Is it possible to divorce a foreigner in Russia?
• Does it matter in which country the marriage was registered?

Citizens of the Russian Federation have the right to divorce their foreign spouse, either within the Russian Federation or through the competent authorities of another country. The place of registration of the marriage (in Russia or abroad) is not a determining factor.

A divorce for a foreign citizen can also be processed through a consular office or diplomatic mission of the Russian Federation abroad, but only in cases where the marriage can be dissolved by the civil registry office:

• The spouses have no minor children in common,
• Both agree to divorce,
• Both appeared in person at the consulate or embassy.

Yes, after the effective termination of the family relationship, if the foreign spouse continues to live abroad and the Russian citizen returns to the Russian Federation, the marriage can be dissolved through a Russian court.

Divorce proceedings in Russia typically take about four months (considering only the divorce itself, excluding disputes over property division and child custody). This is generally much faster and cheaper than divorces in some foreign jurisdictions, where the process can drag on for years and require substantial legal fees.

How to divorce a foreigner through the courts

To obtain a divorce from a foreign national through the courts, several mandatory steps must be completed:

• Pay state debt.
• Prepare a statement of petition for divorce.
• Send a copy of the statement of claim by mail to the foreign spouse;
• File a statement of claim with a full package of documents with the court in your place of residence. 

The original marriage certificate must be attached to the claim. If the marriage was registered outside of Russia, you will need:

• Legalize (or apostille) a marriage certificate in the country of issue.
• Get a notarized translation of a document into Russian in Russia.

It is important to specifically state in the claim that a conciliation period is not required.

Generally, after two or three court hearings, the court issues a ruling dissolving the marriage with the foreign spouse. Next:

• The decision takes effect in one month;
• Once the decision has come into effect, you can obtain an extract of the court decision;
• Then a divorce certificate is issued at the civil registry office;
• If necessary, both documents can be legalized for the state in which the marriage record is kept.

Why should I contact a lawyer?

Although the divorce process with a foreign national may seem straightforward at first glance, in practice it involves numerous legal nuances and procedural details. Independent attempts often result in delays and documentation errors.