Divorce Russian citizen and American citizen

[reiterdertier]

My friend is a Russian citizen and used to live in America and married an American citizen in Chicago and is wanting to get a divorce. My friend is currently in Russia and the spouse currently resides in Florida, therefore my question is does my friend need to come back to America to get a divorce or can it be taken care of from overseas? And if so, How do we start this process?

Also, can I represent him in court and assist with filing for the petition for divorce if we have a notarized power of attorney document? I live in Texas, therefore would I have to be a resident of Florida to represent him?

 

[stealth2]

My friend is a Russian citizen and used to live in America and married an American citizen in Chicago and is wanting to get a divorce. My friend is currently in Russia and the spouse currently resides in Florida, therefore my question is does my friend need to come back to America to get a divorce or can it be taken care of from overseas? And if so, How do we start this process?

Also, can I represent him in court and assist with filing for the petition for divorce if we have a notarized power of attorney document? I live in Texas, therefore would I have to be a resident of Florida to represent him?

You would need to be a lawyer.

 

[TheGeekess]

My friend is a Russian citizen and used to live in America and married an American citizen in Chicago and is wanting to get a divorce. My friend is currently in Russia and the spouse currently resides in Florida, therefore my question is does my friend need to come back to America to get a divorce or can it be taken care of from overseas? And if so, How do we start this process?

Also, can I represent him in court and assist with filing for the petition for divorce if we have a notarized power of attorney document? I live in Texas, therefore would I have to be a resident of Florida to represent him?

Are you an attorney who has been admitted to the Florida Bar? If not, then the answer is a big fat resounding NO.

 

[Proserpina]

My friend is a Russian citizen and used to live in America and married an American citizen in Chicago and is wanting to get a divorce. My friend is currently in Russia and the spouse currently resides in Florida, therefore my question is does my friend need to come back to America to get a divorce or can it be taken care of from overseas? And if so, How do we start this process?

Also, can I represent him in court and assist with filing for the petition for divorce if we have a notarized power of attorney document? I live in Texas, therefore would I have to be a resident of Florida to represent him?

As was mentioned, you cannot represent your friend. POA doesn't actually mean what most people think it means.

Is there any reason the spouse can't file in Florida?

 

[reiterdertier]

As was mentioned, you cannot represent your friend. POA doesn't actually mean what most people think it means.

Is there any reason the spouse can't file in Florida?

She could, however she hasn't had any contact with my friend for about 6 months now and currently has a boyfriend and moved on causing an indefinite situation.

 

[TheGeekess]

She could, however she hasn't had any contact with my friend for about 6 months now and currently has a boyfriend and moved on causing an indefinite situation.

Then I guess your 'friend' needs to be finding out where in FL she lives.

 

[Proserpina]

She could, however she hasn't had any contact with my friend for about 6 months now and currently has a boyfriend and moved on causing an indefinite situation.

There's a point to my question, I promise.

Is your friend intending to return to the US any time soon?

 

[stealth2]

Or maybe she's already divorced him via publication.

 

[reiterdertier]

There's a point to my question, I promise.

Is your friend intending to return to the US any time soon?

He wasn't intending to, however he has a 3 year Visa so he can return anytime he needs to I'm just trying to help him out as much as I can before he has to, because he does work a full-time job in Russia and i'm sure we all understand it's time consuming to jump up and go to another country.

He has her address in Florida and I understand I cannot "represent him" but can I help with all of his legal documentation that needs to be signed? Such as the petition for divorce etc.?

 

[OHRoadwarrior]

Perhaps he should divorce her in Russia if possible there.

 

[Ohiogal]

He wasn't intending to, however he has a 3 year Visa so he can return anytime he needs to I'm just trying to help him out as much as I can before he has to, because he does work a full-time job in Russia and i'm sure we all understand it's time consuming to jump up and go to another country.

He has her address in Florida and I understand I cannot "represent him" but can I help with all of his legal documentation that needs to be signed? Such as the petition for divorce etc.?

No you cannot help with him with all his legal documentation. You cannot prepare documents for him. He needs to do it himself. While he could try to divorce her in Russia, if she has never lived in Russia with him, she could argue that Russia does not have jurisdiction over her.

 

[LdiJ]

No you cannot help with him with all his legal documentation. You cannot prepare documents for him. He needs to do it himself. While he could try to divorce her in Russia, if she has never lived in Russia with him, she could argue that Russia does not have jurisdiction over her.

Do we really want to say that since we have zero knowledge of Russian divorce law?

 

[Ohiogal]

Do we really want to say that since we have zero knowledge of Russian divorce law?

Any decision he gets in Russia would have to be enforced by a US court. While he may be able to get a divorce, he won't get property, custody or anything else from her unless she consents to jurisdiction.

 

[LdiJ]

Any decision he gets in Russia would have to be enforced by a US court. While he may be able to get a divorce, he won't get property, custody or anything else from her unless she consents to jurisdiction.

There isn't any discussion so far about property or children...nor even that he intends to return to the US to live. If he happens to be the one that has property, and its in Russia, the opposite would apply.

 

[stealth2]

Do we really want to say that since we have zero knowledge of Russian divorce law?

Some of us might. But I prefer to share it with an actual party who will benefit. As opposed to a friend.