Married in FSU-wife back in Russia and now ready for divorce-advice pls.

[shooter]

Hi.  Someone who's been through this can maybe give me some advice.  Got married in '03 in Russia, got the K3, mommie came over and left after 5 months for various reasons.  We were in the 485 GC process but no GC-and there will be no GC.  Now, after finding she was talking with other men in the US (through her former agency in Rostov on don), I'm wanting to divorce her and go after my share of our two apartments in her town.
I'm ready for any advice and thanks in advance.
Later

[BillyB]

It seems you need a family law attorney to make sure you do things right to get a divorce in the US. You would need to consult with an attorney in Russia to claim part of your assests in Russia. It would be cheaper for the both of you to amicably agree to split the assests instead of having a big and expensive fight. Forget about getting revenge over her cheating, use common sense to get the most out of your divorce.

[Shadow]

Were you living in Russia during this time or is your living together limited to these 5 months ?
As for going after a share, I wish you good luck. You will need it.

When it comes before a Russian judge, he will check your assets and compare it to hers. If your assets are greater than hers, chances are that you will lose all share. This even against what you might find as law.

Splitting amicably as BillyB said is by far the best option.

[Phil dAmore]

Are you listed as being registered at either apartment?  If not you will probably have a hard time claiming 'your share'

Heed the above advice... do your best to have an amicable split. 

Getting divorced in Russia is quite easy... simply go to the judge, tell him or her that you want a divorce, they issue a decree right there, a couple stamps in the passport and you are done.

Divison of property, however... that can get tricky given Russias 'laws' on exactly what constitutes ownership.

I wish you luck.  In the absence of luck, I wish you a competent attorney.

[Michael@51]

Hello: I'm a Certified Family Specialists and have practiced family law for over Twenty-Six years. I am experienced in the dissolution of an international marriage and can assure that The Russian Federation's laws associated with divorce and division of marital assets is complex and confusing. Clearly, perfecting your claim to real estate in the FSU is no easy task. Appostills and other documents as promulgated by the International Court at the Hague are required. Hire the best lawyer that you can find and more likely than not counsel in the FSU will be necessary, but corruption is rampant. Good luck.

[William3rd]

does she have any interest in property here in the US or is all of the property located in Russia? Are you filing here in your home state or in Russia?

[Misha]

I'm wanting to divorce her and go after my share of our two apartments in her town.

Did you buy one of these apartments? How are they yours? If you bought them, were they bought in your name (i.e. is you name on the Russian deed)?

[Gator]

Sounds like a contentious divorce.  And with a name like "shooter", I hope we do not read about this in our newspaper.

Good luck to you.  Usually it is best to settle amicably even if she gets more than 50%.  That less than 50% amount may be more than what a judge would decide and then deducting legal fees.

If a divorce is a surprise to her, I doubt this will be amicable.

Good luck!

[William3rd]

BEST ADVICE- go see a family law specialist about this case.


You will PAY for this appointment.

Because- talk is cheap and so is free advice.

[AnastassiaAsh]

Well, I don't have any answers but really - How does an American Man even start solving this problem? Should he find an attorney like Michael@51? And even then what's next? How does US attorney get into Russian part of it? Even knowing all Russian laws? Should there be two attorneys for this case? Both US and Russian? How will they listen to each other if the laws are so different?
This task seems absolutely insurmountable...and if an AM didn't buy those properties in Russia and there is no his name on Russian deeds at all, can he start claiming those properties just because of marriage to a Russian woman?

Shooter, so sorry about this. Please, keep us in the loop. I am sure your experience will help others in the same situation or similar.

[William3rd]

Attorney practicing family law in his local area wherever that is. . .

He may not have any right at all- not enough facts to say. Anyway, my advice as a professional will not change no matter what else is posted.

If Miami, Florida, then that is where he should look for his attorney. If, San Francisco, then look there.

There is something call quasi in rem jurisdiction. . . . .

[streklor]

you can speak with me (a lawyer who has done lots of divorces), but i will charge just a little something (i figure after 10 years of law practice i deserve it!!!! what bs... ha ha that was sarcasm)

i will tell you up front i have not dealt with the enforceability of judgments (which includes divorce decrees) as between these two nations. i have a very good buddy who is an attorney here in my city who is from russia, and he may have an idea on how to locate competent (and ethical!) local russian counsel on the family law/property issues you are facing.

once piece of advice: act fast, don't wait. you know that she is already trying to find every way to sell off those properties without your permission and lie about the period of separation and how she is entitled to appreciation of the equity in any property you have in the US. 

depending on a number of factors, their are some important questions at the outset like: if you file there, will your voluntary consent to jurisdiction make it easier for her to register a judgment in a local county (through an attorney hired over the internet and I've seen it done!) and attach your real estate, or otherwise compel you to comply with the terms of what otherwise would be a very unfair russian legal result. but hey.... if you file there it might be considered a form of waiver...... this case could be tricky.

[Jumper]

i see a lot of advice on what to do,,

sperculation on what  she is probnably doing etc etc etc

truth is noone posting knows anything about this case other than what he posted, and thats was preciuos little..??

Got married in '03 in Russia, got the K3, mommie came over and left after 5 months for various reasons.  We were in the 485 GC process but no GC-and there will be no GC.  Now, after finding she was talking with other men in the US (through her former agency in Rostov on don), I'm wanting to divorce her and go after my share of our two apartments in her town.

-married in 03
-there is no clues as to when she *arrived* time frame wise..
with immigration the way its been on a Russian K3-
 it could be in 04, or in 07 , for that matter.

- she left for "variuos" reasons after 5 months

-now, after finding out she was "talking" with other men , he wants a divorce


i'm all for helping the anyone here out..

but with all those *facts* , and you guys are assuming a hell of a lot ,
 
i'm glad you guys arnt judge and jury in any case i'd be in..lol


from whats posted ,
it could be any situation..
 

without any added *facts*, it sounds dodgy at best..on both sides at the moment...

just sayin '
*shrugs*

[Jumper]

There will be no GC?

probably not, as she voluntarily went home..
and now resides in the FSU.

but the bottom line is IF she came stateside  on a K3 as you wrote,
and wanted to simply get a GC ,she would have stayed, and she would have gotten it.
(if it was her goal,and she had any savy in reading the BCIS website or  any  help)
The BCIS system fundamentally outlines exactly *how* to do so if you are "seperated" ,or no longer married.
and it actually quickens the process compared to a  couple that remains married for the 2 years and goes in for AOS.
its a basic flaw in the syatem, and is incredibly ironic considering its whiole goal and purpose is to determine marriage based visa fraud.
so it likely wasnt her goal.

[William3rd]

Like I said- talk is cheap. and usually incorrect.

Go see that lawyer, hombre. . . .  located in your city, licensed in your state, practicing family law.

You are wasting your time here. . . . .

[Jumper]

william-
Agreed!
 he should see a proper lawyer for his case ,
and hire the best he can afford or is reasonable in his circumstance.
That lawyer should advise him of his rights and needs ,in either country,
  or obtain that information for him,or if needed a lawyer in her home country as well.
Thats a no brainer.
He is getting divorced afterall.

So if he is coming here for that fundamental of advice,
he is in very deep shiznit already..

and i dont see anyone suggesting differnently...??


as for myself,neither of my posts where aimed at giving him advice.
They were simply  pointing out to the people replying,
that the story is very incomplete..
Glad you guys and gals arnt judge and jury,,
and
also pointing out if her intentions where to stay, and get a GC,
the odds are extreemly high she would have.That may not be law, but thats  the reality?

1.The story is very incomplete.
2.The poster declared *no GC ,and there wont be one*
(which is probably true,by her own choice and actions)
but if she had wanted to,  she could have most likely stayed in the US.

if you find that inaccurate.....
fill us in..

 I would especially be interested to hear of the actual % of  K3 or I 131 ?
 AOS  petitions filed by a seperated or divorced spouse , that are actually turned down, verses those approved.
or the number that stay without AOS at all.

[BC]

Married in '03, she left 5 months later.. and now almost 08 and trying to figure things out....  There is a lot missing inbetween...

[ScottinCrimea]

Married in '03, she left 5 months later.. and now almost 08 and trying to figure things out....  There is a lot missing inbetween...

There's also the "various reasons" that she left" that we know nothing about.

I think based on what little we know, and in lieu of making any assumptions, the only advice we can offer is what Wm3rd has said, and that is for him to seek legal advice.