In a divorce, the law protects a woman to a greater extent, especially a woman with children. Matters related to divorce are considered in the Family Code of the Russian Federation. It provides for a separate procedure in the absence of the consent of one of the spouses to divorce.
Instructions
Step 1
The court has an unconditional right to refuse to divorce a man who has filed a lawsuit in the event that the spouse's consent to divorce has not been obtained and his wife is pregnant or their joint child is not yet 1 year old. In this case, you just need to submit to the court a statement of refusal, a pregnancy certificate certified by the signature of a doctor and the seal of a medical institution, or a copy of the child's birth certificate. This limitation also applies in cases where the child was born still or died before he was 1 year old. Such a measure is aimed at protecting a woman from unnecessary worries associated with divorce.
Step 2
In the absence of the consent of one of the spouses, the court may make an independent decision or refer to the initiative of the other spouse and set a time limit for reconciliation. Such a decision can be made several times, the only condition is the total period that is assigned to spouses to try to establish a joint life: it should not exceed 3 months. In exceptional cases, this period can be extended to six months.
Step 3
Amendments have been made to the law, and now the court does not have the right to refuse a divorce suit when all reconciliation measures have already been tried and failed, and your spouse is still insisting on divorce. In this case, the defendant refusing to divorce has the right to file an independent claim.
Step 4
If your desire to save your family is great, and you still hope for reconciliation, you still cannot refuse a divorce. The only thing else you can try to do is not to appear at the hearing and then, referring to an insufficiently complete and comprehensive study of the circumstances of the case, try to challenge the decision on divorce made by the court by filing an appeal (cassation appeal).
