Divorce is not an easy process, both from a psychological and a legal point of view. At the same time, the situation becomes even more difficult if one of the spouses does not agree to a divorce, and the family has children.
Being married requires consent for both spouses to live together. Therefore, if one of them wants to divorce, he has every right to do so even if the other spouse does not agree to the divorce. At the same time, the implementation of a divorce is possible even if the spouses have minor children.
Grounds for divorce
The unwillingness of one of the spouses to continue living together, from the point of view of the current Russian legislation, is a sufficient reason for the termination of the marriage. At the same time, however, it should be borne in mind that the Family Code of the Russian Federation, registered in the code of laws of our country under the number 223-FZ of December 29, 1995, provides for two main methods of registration of divorce.
The first of them is the registration of all related legal formalities directly in the civil registry offices. However, it must be borne in mind that this simpler method is applicable only if the spouses planning to divorce do not have minor children, and both of them agree to divorce.
At the same time, Article 21 of the Family Code of the Russian Federation provides that if there is at least one of these conditions in a particular situation - the presence of minor children or the lack of consent of one of the spouses to divorce - it is necessary to carry out the procedure for divorce in court.
If one of the spouses does not agree to a divorce, the other spouse can apply to the court with a request for divorce. However, it must be borne in mind that in this situation, and especially in the presence of children, the court is likely to take steps to try to reconcile the spouses and avoid divorce. For example, he may postpone a case for up to three months, giving the man and woman an opportunity to clarify their differences.
If, within the time period provided by the court, the spouse who wants a divorce does not change his decision, the court will begin to consider the case. At the same time, he will certainly take into account the legal rights and interests of children, determining with whom and in what conditions they will live, what will be the amount of alimony paid by the spouse who does not live with the children, and other points directly related to the observance of the rights of minor children in the event of parental divorce.
If the husband is the initiator of the divorce, he needs to take into account that the fact of the wife's pregnancy imposes certain restrictions on the possibility of divorce. So, he cannot submit an appropriate application to the court during the period while she is carrying the child, as well as during the year after his birth.