We parted like ships at sea

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

Do you remember how you once dreamed of the most intelligent, attentive and sexy man in the world? And at the same time about the white dress, the happy tears of the bride and Mendelssohn's march? This happened. A fabulous honeymoon has flown by. Life began. And in life, as you know, there are different things. And not always expected.

Well, before you knew that he was not averse to drinking endless beer, but craving for the sofa and unwillingness to earn money became a discovery for you. Or an unhealthy friendship with a green serpent. Or, unexpectedly for yourself, you met the One, being pretty married …

According to statistics, 80% of all divorces occur in couples with less than five years of marriage. Psychologists believe that it was during this period that the very same incompatibility is revealed, in which life together is no longer possible …

In general, a divorce. And all these endless conversations from the series are already behind"

But the decision has been made. Divorce. And now the main thing is not to panic, arm yourself with thematic knowledge, and make this process as effective and minimally painful as possible.

The law provides for divorce in two forms:

1) termination in the civil registry offices (registry office);

2) judicially.

Divorce in the registry office

In the civil registry offices, the dissolution of a marriage is carried out if:

1) there is a mutual consent of the spouses to dissolve the marriage;

2) the spouses have no minor children in common.

The mutual consent of the spouses to divorce in the registry office is expressed by submitting a joint application, or separate independent statements in writing. The law requires that in such a procedure a marriage be dissolved between spouses who do not have minor children in common, that is, children under the age of 18.

The Family Code of the Russian Federation provides for three cases when the registry office is divorce at the request of one of the spouses:

1) The marriage is dissolved in the registry office upon the application of one of the spouses, if the other spouse is recognized by the court as missing.

2) At the request of one of the spouses, the marriage is dissolved by the registry office if the other spouse is declared incompetent by the court (that is, if it is established that due to a mental disorder he cannot understand the meaning of his actions or control them). The rule on divorce with persons recognized by the court as legally incompetent does not apply to cases of divorce with citizens restricted on the basis of Art. 30 of the Civil Code of the Russian Federation in legal capacity due to the abuse of alcoholic beverages or drugs.

3) Divorce in the registry office on the basis of an application by one of the spouses is also carried out if the other spouse is sentenced to imprisonment for a crime for more than three years.

In the above cases, the dissolution of marriage is carried out by the registry office after a month from the date of filing the application for divorce.

The function of the registry office does not include consideration of disputes arising between spouses in connection with the dissolution of marriage. Therefore, the registry office cannot, simultaneously with the dissolution of the marriage, resolve disputes arising between the spouses: about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children.

These disputes, as well as other claims affecting the interests of third parties (for example, on the recovery of alimony for children) are considered by the court separately according to the rules of civil proceedings in compliance with the rules on jurisdiction and other rules governing legal proceedings in court.

A marriage dissolved in a civil registry office shall terminate from the date of registration of the dissolution of the marriage in the civil registration book, and in case of divorce in court - from the date the court decision enters into legal force.

Divorce in the registry office is good because it preserves most of the nerve cells, increases the chances of maintaining human relations with the ex-spouse, and gives hope for new happiness.

To dissolve a marriage in court requires a completely different reserve of strength.

Divorce in court

In court, a marriage is dissolved if:

1) the spouses have common minor children;

2) one of the spouses does not consent to the dissolution of the marriage.

The exceptions are the cases provided for in paragraph 2 of Art. 19 of the Family Code of the Russian Federation, namely: if the other spouse is recognized as missing, incapacitated or sentenced to imprisonment for a term of more than three years. In these cases, even if the spouses have common minor children, the marriage is dissolved not in court, but in the registry office.

In court, a marriage is also dissolved in cases when one of the spouses, despite having no objections to divorce, evades the dissolution of the marriage in the registry office (for example, refuses to submit a relevant application or does not want to appear in the registry office to register the dissolution of marriage, etc.). NS.). In particular, a marriage is dissolved in court and in the case when one of the spouses refuses a joint application for divorce already submitted to the registry office before the expiration of a month.

It is also important that the husband does not have the right to initiate a divorce case during the pregnancy of his wife and within one year after the birth of the child without the consent of his wife.

The Family Code of the Russian Federation contains only a general criterion, guided by which, the court makes a decision on divorce - the impossibility of the further life of the spouses, the preservation of the family.

Dissolution of a marriage in court in the absence of the consent of one of the spouses may be preceded by the adoption by the court of measures to reconcile the spouses in order to prevent the spouses or one of them from rash attitude towards the dissolution of the marriage. For this, the court is obliged to comprehensively find out the relationship between the spouses, the motives behind the question of divorce, etc.

The adoption of measures to reconcile the spouses is carried out by the court, as a rule, in a court session. At the same time, the use of measures by the court to reconcile the spouses and in the process of preparing the case for trial is not excluded. (There is such a wandering anecdote among family lawyers: the divorce proceedings are underway, the judge asks the spouse why they cannot continue to live together. The husband says: "You see, my wife keeps a goat in the room. It is absolutely impossible to breathe." The judge suggests: "Tell me, Can't you open the window?"

The adjournment of the proceedings is carried out on the initiative of one or both spouses or on the initiative of the court itself. True, it must be said that the establishment by the court of a time limit for reconciliation is a right, not an obligation of the court. The term for reconciliation is three months.

If the spouses have reconciled within the period specified by the court for reconciliation, then at the request of both spouses or the spouse who filed an application for divorce, the proceedings in the court are terminated. However, the termination of the proceedings on the case on this basis does not subsequently deprive the spouse of the right to re-apply to the court with an application for divorce; in this case, the statement states that the continuation of family relations still became impossible, despite the elapsed time after the termination of the case.

The establishment by the court of the fact that it is impossible to live together and preserve the family, gives the right to the court to decide on the dissolution of the marriage, without resorting to the procedure of reconciliation of the spouses.

The court may, depending on the specific circumstances identified in the course of the judicial review, dissolve the marriage if the spouses (one of them) insist on it. However, the court has the right to refuse to dissolve the marriage if it comes to the conclusion that there are grounds to believe that the further life of the spouses and the preservation of the family are still possible. In doing so, the court takes into account the interests of minor children.

The law provides for cases of divorce by a court in a simplified manner, that is, without clarifying the reasons for the divorce. This procedure for divorce is applied in cases when:

1) there is a mutual consent to divorce of spouses with minor children;

2) one of the spouses, despite his lack of objections, evades the dissolution of the marriage in the registry office - refuses to submit an application or does not want to appear for registration of the dissolution of marriage, etc.

The Family Code of the Russian Federation gives spouses in the above cases the right to submit an agreement on children for court approval, which determines with whom of them minor children will live after divorce, on the procedure and amount of payment of funds for their maintenance, etc.

The written agreement on children submitted by the spouses is submitted to the court for approval, which verifies its legality, as well as the compliance of the agreement with the interests of the children. The court does not approve the agreement if it violates the rights and legally protected interests of the children, as well as one of the spouses.

This is perhaps the most important issue in divorce. Even with the most favorable outcome, the divorce of the parents is a certain stress for the child, and here you need to try to find the best way out, first of all, for him. Because those experiences and conclusions that your child will make now, he will project in the future both on his experience of marriage and on his children …

When approving the agreement of the spouses about children, the court draws attention to the fact that the terms of the agreement are clear and definite and do not allow disputes in the execution. Clause 2 of Art. 23 of the Family Code of the Russian Federation, the period is determined (not earlier than the expiration of a month from the date the spouses submit an application for divorce) after which the court dissolves the marriage.

The consequences of divorce, which are important to remember:

1) At the request of the spouse who has the right to maintenance from the other spouse, the court is obliged, when making a decision on divorce, to determine the amount of maintenance to be collected from the other spouse.

2) The right to receive child support in the amount determined by the court or by agreement with the spouse.

3) The court is obliged to divide the property that is the common joint property of the spouses. The shares are equal. The court may deviate from this rule, taking into account the interests of minor children. The personal property of each of the spouses after divorce is the property of each of them.

4) A spouse who has changed his surname upon marriage to another has the right to be called this surname even after the dissolution of the marriage, or to regain his premarital surname.

Once upon a time, a divorce was for a woman the result of an unsuccessful personal life, and perhaps even a family shame. Fortunately, these days are irrevocably gone. Now is the search for new happiness. A breath of freedom. The possibility of a new love …