Russian legislation, in principle, does not limit the right of a citizen to demand a divorce. However, there is a small addition regarding the husband. He has no right to demand from the spouse the dissolution of the marriage when the wife is pregnant and within a year after the birth of the child. In this case, the law is on the woman's side, and the man, if he wants to divorce his wife, will face a serious problem. Here are some options for solving it.
Necessary
passport, marriage certificate, statement of claim in court
Instructions
Step 1
Article 17 of the Family Code of the Russian Federation states: a spouse does not have the right, without the consent of his wife, to initiate proceedings for divorce during the pregnancy of his wife and within one year after the birth of a child. In the absence of the woman's consent to the consideration of the divorce case, the judge refuses to accept the statement of claim, and if it was accepted, the court terminates the proceedings in accordance with paragraph 1 of part 1 of Art. 134 and para. 2 tbsp. 220 Code of Civil Procedure of the Russian Federation. That is, you can divorce your wife by agreement of the parties, even if the child has not yet celebrated his first birthday. Therefore, first of all, try to negotiate peacefully with your spouse.
Step 2
Postpone the divorce. For the first time, you can simply part unofficially and wait for the time when the restriction will be lifted. Then the judge will no longer have any reason to refuse you to accept the statement of claim, and you will be able to dissolve the marriage in court.
Step 3
There is one more opportunity for a man to get freedom, but this is a special case, it is not suitable for everyone. You can try to prove in court that you are not the father of the child born to your wife. In this case, Article 17 of the Family Code of the Russian Federation cannot be applied to your family. But you need to keep in mind that in court you will need strong evidence: a genetic examination conducted by an independent expert to establish paternity; witness's testimonies; written evidence that you were not in the city at the time the child was conceived.
Step 4
In all other cases, in the absence of consent from the wife, you will not be able to officially issue documents on divorce until your baby reaches the age of one year.
