A marriage union is terminated in court if people have minor children or one of the citizens does not consent to a divorce. This confirms Art. 21 of the Family Code of the Russian Federation. In addition, the termination of the marriage is carried out by the court in the case when the husband or wife simply evades a divorce in the registry office. This will be written in more detail in this article.
In the presence of common children
This is indicated by art. 21 of the Family Code of the Russian Federation. In other words, a divorce is held in court if people have small children who are not yet 18 years old. If there is no dispute between husbands and wife about the place of residence of the latter, then the case of dissolution of the marriage is considered in a magistrate court. If the spouses cannot resolve this issue peacefully, then the divorce will be made in the district court. In addition, if the children are already 10 years old, they have the right to choose for themselves which parent they would like to stay with. In this case, the other spouse will pay money for the maintenance of the latter to his ex-husband or wife.
Lack of consent
Sometimes it happens that one of the spouses does not want to end the marriage. In this case, the divorce will take place in court. This is also stated in Art. 21 of the Family Code of the Russian Federation. In this case, one of the spouses may insist on preserving the marriage, if he believes that relations can still be established.
In a situation where one of the people is against the termination of family relations, the judiciary has the right to give husband and wife time for reconciliation. This period cannot be more than three months. If after this period the spouses have not reconciled, the judicial authority shall decide on the termination of their family relations.
Without objections
In a situation where the husband or wife is not opposed to the termination of the marital relationship, but who refuse to go and file an application with the registry office, the marriage will be terminated in court. This is indicated by Art. 21 of the Family Code of the Russian Federation. In this case, the motives of the divorce are not clarified. The termination of the marriage union takes place in a magistrate court and not earlier than four weeks after the submission of the application.
By evading the joint transfer of the application to the registry office, one should understand the reluctance of the second spouse to take any actions aimed at ending the family relationship. Even if he has no objections and formally agrees to a divorce. In this case, the marriage union is subject to termination in court, as provided for in paragraph 2 of Art. 21 of the Family Code of the Russian Federation.
Order
In order to terminate the marriage relationship, one of the spouses must file an appropriate application (lawsuit) with the judicial authority. In a situation where people have children, but the question of their residence is decided by them independently, the termination of the union will take place in a magistrate's court. This happens most often. But sometimes there are cases when parents can not resolve the issue of living children. In such a situation, the divorce will be held in a district court.
It should also be noted here that the plaintiff (one of the spouses) can exercise the right and file an application at the place of his registration. This is allowed in cases where a child lives with him or for health reasons the latter cannot arrive at the judicial authority of the settlement where the defendant is located. If the spouses live in the same city, then there will be no problems.
A hearing is scheduled no earlier than four weeks from the date of transfer of the claim to the judicial authority. The parties to the case must be notified of the appointment of the meeting by summons.
It should also be noted that before filing the application, the plaintiff must pay the state duty, which is 600 rubles.
Documentation
Divorce in court is a troublesome affair. In order for it to be accepted for production, it is necessary to collect the necessary package of documents. It includes:
- original certificate of union;
- birth certificate of a child (there must be two copies);
- claim in duplicate;
- in some cases, an agreement is applied on the payment of funds for the maintenance of children and the division of common things;
- check on payment of state duty.
What is specified in the law
In the case when people have children, but they agree to terminate the marriage, divorce is carried out in court using the rules of Art. 21, 23 of the Family Code of the Russian Federation. This happens most often. In this case, the judicial authority terminates the marriage without clarifying the reasons for the divorce.
The husband and wife can provide a document defining the place of residence of the children (with father or mother). In addition, if one of the spouses insists on the division of property, the judicial authority must resolve this issue.
Important
Spouses are divorced in court if one of them does not agree to terminate the marriage. This rule is established by Art. 21, 22 of the Family Code of the Russian Federation. In this case, the judicial authority has the right to give the couple a time for reconciliation. As a rule, it does not exceed three months. If during this time the husband and wife did not reconcile and do not agree to continue their marriage, the judicial authority terminates their union.
A comment
Termination of the union of two people will be carried out in court if they have children under the age of 18 or one of them does not agree to terminate the relationship. This is indicated by the norm of Art. 21 of the Family Code of the Russian Federation. One cannot but agree with the comments on it. In addition, it is necessary to indicate that the divorce of the husband and wife can be carried out in the registry office when one of the spouses received a prison term exceeding three years, and is also recognized as having disappeared or was incapable.
A husband cannot file a lawsuit to terminate the union while his wife is waiting for the baby, and also until the child reaches one year. This provision is enshrined in family law.
Solving issues
If the husband and wife have children who are not 18 years old, the termination of the marriage should be done in a judicial proceeding. In addition, spouses have the right to draw up a document on determining the place of residence of the babies and the procedure for their maintenance. In the event that during a divorce in court these issues were not resolved by the husband and wife on their own, they must be considered by the court. Legislatively, this is provided for by Art. 21, 24 of the Family Code of the Russian Federation. In addition, one of the spouses has the right to submit a demand for the division of things and the recovery of monetary support for themselves from the other spouse.
General
Spouses are divorced in court in cases where they have children under 18 years of age, as well as in the absence of consent to the termination of marriage at one of them. This is evidenced by the Family Code of the Russian Federation. Art. 21, 22, 23 of this collection of laws also indicate that divorce of a husband and wife through a court is provided for in certain cases. Namely:
- when there are children (under 18 years old);
- one of the spouses does not agree to terminate the marriage;
- Evasion of a divorce in the registry office (if there is no official reason for this).
In this case, the judicial authority must find out all the circumstances that pushed one of the spouses to such a responsible step. In addition, it is necessary to clarify all the reasons that led to the formation of conflict in the family. Sometimes it happens that a husband and wife just had a fight, but continue to conduct a common household. In this case, the judicial authority will provide time for the reconciliation of the spouses. After all, it is possible that not everything is lost in their life together, and they will continue further cohabitation.
The situation is different so that people for a long time do not maintain any relationship or even communicate, but at the same time continue to be in an official union. In this situation, the judiciary has the right to divorce the spouses at the first meeting, unless the other objects to the termination of the marriage.
Most often, termination of the union in the judiciary is due to the fact that people have small children. When divorcing parents, the interests of minors should be considered first. In most cases, the child remains with the mother, and the father simply pays funds for its maintenance. But sometimes it happens that people do not come to a consensus about which of them the baby will live with. In this case, the divorce is significantly delayed and considered in the city judicial authority.