divorce question

[Vitali]

My wife and I are going to divorce. We were married long time ago back in Russia but now we are both US citizens. Can we still divorce in Russia or should we do it in US. Also, will I have to pay a spousal support (russian law does not have spousal support, but american law does). We have two children as well. Agian, child support calculations are different in US and Russia. Thank you very much.

Vitali

[Allan Samson]

According to California law one of you is responsible to pay child support. One of you may or may not be responsible to pay spousal support. This depends on you relative income and/or whether or not you have an agreement. I cannot answer whether you can divorce according to Russian law. If you both are Russian citizens that may be possible, but you should consult a lawyer in Russia. I would guess that since you are US citizens you are no longer Russian citizens, and therefore your divorce would be according to the law of the state you reside in. Good Luck, ALLAN SAMSON

[ooo]

I live in the US, but graduated law school (urfak in St. Petersburg) in Russia.
First of all, every particular case is unique (you probably heard about it thousands times, but it is still true.)
Second of all, everything depends on what you are expecting from law (lower alimony or you want not to pay alimony at all or you have some other reasons; what is your current situation, what state are you residing at; do you have kids-all kinds of questions).
Anyway depending on your particular situation you might even do not need to
know what the russian law says.
If you insist that russian law is really different you might be wrong. Several years ago Russia have adopted a new Family Code -- extensive document with all kinds of provisions (including big chapter on alimony and child support), and I can tell you if your wife is going to hire a good russian laywer the russian court might rule very favourably. Besides there is a procedure for enforcement of foreign contries judgements in the US.

The moral is that you most likely can sue each other in Russia, or here but no matter what it is costly and painful.

[Allan Samson]

I cannot tell you whether you can divorce in Russia. I do not practice law in russia. In the US, you must be a resident of the State where you want to apply for divorce. Does Russia recognize you as Russian citizens even though you are US citizens and have not lived in Russia for several years? I cannot answer that. But assuming you can file for divorce in either Russia or the US it probably would be in your best interests to apply in the location which offers you the greatest economic benefit, taking into account what the amount of spousal support and child support will be and who must pay it. This issue is called forum shopping -- that is, shopping for the forum which is most in your economic interest. Of course, the forum which is in your economic interest may not be the forum which is in the economic interest of your spouse. After such a headache, why not just stay together? Good Luck, ALLAN SAMSON

[alexey]

It seems we carried away on this thread, the person (Vitaly) who initially posted the question has not taken part in following discussion, I just clarified on whether he is entitled to divorse hearing in Russia and my email get messages with your replies which incline I am the one interested in divorce, what made you think so?

Please, stop harrasing me and what is more imnportant my wife as she reads your replies.

[ooo]

As you can see Vitaliy did not leave his e-mail (no underline). Probably, all answers go to the person who has left an e-mail

Regards