Spouses who decide to end their marriage face many problems: division of jointly acquired property; deciding the question of with whom and where children and others will live. These problems can be resolved through a legally formalized peace agreement.
In cases where it cannot be achieved, the divorcing spouses will have to resolve controversial issues through the court, just as the issue of divorce is resolved through the court when one of the spouses does not consent to the divorce.
In all of the above options, a divorce lawyer will help you understand the current situation, draw up the necessary documents in a legally competent manner and file a claim in court. During the trial, he will be able to defend the interests of the client, and, if necessary, facilitate reconciliation or achieve a favorable court decision.
What you need to know about reconciliation of the parties
In order to legally formalize the procedure for using the parties, it is necessary to take into account:
- Each divorce process has its own unique characteristics and a list of purely individual controversial issues, for which there is no universal solution. Someone cannot find a solution that satisfies both parties on the division of marital property, one of the spouses refuses to divorce, etc.
- To achieve a favorable court decision, you should not only know the current legislative framework, but also choose the right effective defense tactics during court hearings. A professional lawyer with the necessary knowledge and experience will provide qualified assistance in this regard.
When is no deadline set for reconciliation?
The legislation contains a list of conditions under which a judge does not have the right to suspend the consideration of a case for reconciliation of the parties. These reasons include:
- The defendant's consent to divorce. That is, if there is a mutual desire to divorce and there are no objective obstacles to this, a period for reconciliation cannot be set against the will of the parties to the case.
- If one of the spouses is missing, died, declared incompetent, or is serving a sentence in prison. In such cases, the plaintiff has the right to receive a positive decision on divorce immediately.
In these situations, it is not necessary to go to court for a divorce. It is enough to submit an application to the registry office.
In what cases does the court set a period for reconciliation between divorcing parties?
The judge, in situations where there is no absolutely irreconcilable attitude between the spouses and taking into account the possibility of restoring normal relations in the family, has the right to set a deadline for reconciliation of the divorcing parties. However, he may not appoint him if he believes that maintaining the marriage relationship is no longer possible. In addition, he can suspend divorce proceedings.
Each of the divorcing spouses can submit such a petition if one of them does not want to destroy the family. In such a situation, the court is obliged to find out the following:
- the nature of family relationships (how often spouses quarrel, how everyday relationships are built, joint vacations are organized, etc.);
- the reason for the divorce and who is the initiator;
- if there are common children, establish with whom and where they will live, taking into account respect for the rights of the child;
- how the decision on the division of marital property will be made;
- the financial situation of each of the divorcing spouses, mental state, addiction to alcohol, etc.
This is necessary to determine the possibility of further preserving the family union and to make an informed court decision if it is not possible to do so.
Sample claim for divorce
The appeal is formalized in the form of a petition or statement before the start of the trial by filing it with the court office or during the hearing itself.
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When a judge appoints a conciliation time for spouses on his own initiative, he must justify his determination, noting this in the minutes of the court session.
At the same time, the victim explained that she did not even want to see the defendant (he was her former partner), hated him and declared termination only because she did not want a lengthy trial in the case, but she was indeed compensated for the damage and was quite satisfied with the amount of money paid . The court decided to dismiss the case due to reconciliation.
Typical situations that can be considered a valid reason for missing a deadline:
- Diseases;
- Business trips;
- Failure to receive a decision on time.
On our street lives what can be called an ownerless child. Her mother somehow went with the girl to the apartment. He drinks. ...
When determining the time for reconciliation, the situation in the family is taken into account. For example, if a husband was caught cheating and his wife left him, then it makes no sense to give three months. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
The legislation specifies a maximum of 3 months for reflection and implementation of the possibility of reconciliation. However, the period may be shorter at the discretion of the judge and be 1 month.
Her mother taught her, they barely divorced her, they gave her 40 days for reconciliation, and taking into account the previous 6 years of her life, 2 of them were bumpy as if in an ice hole. How to write a petition for reconciliation of the parties during a divorce? Article 19. RF IC Divorce in civil registration authorities 1.
Duration of the period for reconciliation of the parties
In each case, the judge can set a different period for reconciliation between divorcing spouses - from weeks to months, depending on the circumstances established by the court and, based on the subjective opinion of the judge. Current legislation limits the maximum period to three calendar months. At the end of the appointed period, the judge may extend it if he considers that it is possible to preserve the marriage bond.
Divorcing spouses should remember that even if the minimum possible period is assigned, the divorce process itself will take at least a month, and the maximum can be significantly longer than 90 days.
Period for reconciliation and alimony
For claims that contain two demands - divorce and alimony, the court can also set a deadline for reconciliation. But then he is obliged to make sure that the defendant supports the children. If he does not participate in their maintenance, the court must order a temporary collection of alimony until a decision is made on the case.
At the end of the period for reconciliation, the court will continue to consider the case and make a final decision. If the marriage is dissolved, the decision on alimony will also be positive.
Under what circumstances can the period be reduced?
When one of the spouses is determined to dissolve the marriage, he will insist that the period be reduced. This can be achieved if:
- one of the divorcing spouses categorically insists that further preservation of the marital relationship is impossible (for example, because the spouses are already living separately);
- the application for divorce was filed jointly or there is a petition from both parties to reduce the duration of this period.
The reconciliation period set by the judge cannot be appealed and ultimately cannot be an obstacle to divorce. In accordance with current legislation, the judge presiding over a divorce case has the right to reduce the length of the term, not assign it at all, or leave the decision on the duration of the appointed term unchanged.
Reasons why the period for making a court decision may be reduced (for example, the impossibility of a peaceful decision on the division of marital property).
Divorce should be carried out in court if the divorcing spouses have children together and it is necessary to determine the amount of alimony for their maintenance or if they have other controversial issues that cannot be resolved, for example, to find a solution acceptable to both parties on the division of property spouses. In these cases, jointly or one of the spouses submits an application for divorce to the judicial institution at their place of residence.
When going to court, the plaintiff must submit a package of documents:
- Two copies of the statement of claim.
- A receipt confirming that the fee has been paid.
- A receipt confirming that the technical and information support for the divorce has been paid for.
- Notarized photocopy of the passport.
- For each of the common children - a birth certificate.
- A notarized photocopy of the marriage certificate.
A professional lawyer will help you correctly draw up an application to the court and create the required package of documents, without which it is impossible to begin the divorce process.
When spouses divorce through court, the judge has the right to set the duration of the period for reconciliation of the divorcing spouses from 1 to 6 calendar months.
When submitting an application for divorce to a judicial institution, the spouse filing it has the right to submit an application for alimony and the necessary package of documents for making a decision on the division of property of the spouses. As judicial practice shows, if the listed issues are resolved separately, the court’s decision on divorce can be made much faster, since the court must make a decision on the remaining controversial issues before making a final decision on divorce. If one of the divorcing spouses does not appear at the court hearing, it is postponed. If you fail to appear again, the court decision on divorce may be made without it.
How to shorten the divorce period?
In order for the procedure to take as little time as possible, it is necessary to find the court to which the defendant belongs at the place of residence, submit documents that are attached to the claim with the requirements listed in it, then pay the state fee, and participate in all court hearings.
Why does divorce without the consent of the spouse sometimes drag on for a long time? Because a spouse who does not want to divorce can petition the court to provide some time for marital reconciliation. In practice, the court usually gives such a period of time to the spouses so that they try to save the family. Most often, a period of up to three months is granted for marital reconciliation.
Consequently, a divorce without the consent of the second spouse can drag on for four to six months. But it should be taken into account that the court has the right to grant reconciliation a period of not three, but only one month. Then the procedure for registering a divorce will be faster.
Form and sample of filling out the document
You must specify:
- to whom the petition is addressed: police;
- investigative committee;
- court.
- if we are talking about a monetary amount, then it is necessary to indicate it;
To do this, a written agreement is drawn up on the terms of payment and responsibility for violating these terms.
Such a document must be certified by a notary:
- indication that there are no claims from the victim
- date, signature.
Any party may file such a petition. The main thing is that reconciliation is achieved and all differences are eliminated.
Photo: sample application
If the spouses do not appear in court for divorce
When both spouses or one of them fail to appear at the divorce proceedings, the court has the right to grant the request for dissolution. This is due to the fact that they do not show visible efforts to save the marriage.
Judicial practice shows that in most such cases the court postpones the consideration of the case and sets a deadline that can be considered conciliatory. This is done in order to give the spouses another opportunity to restore the relationship.
In some cases, the trial can be carried out without the presence of the parties in accordance with the regulations. This is possible if the spouses notified the court in advance of their absence or used the help of legal representatives.
