Discord in the family: how to dissuade your husband from filing for divorce?

How to prevent your wife (husband) from divorcing your marriage

In cases where the divorce occurs unilaterally, Themis takes over the matter.
And even if one of the family members does not want to separate and ignores court hearings, the judge will still dissolve the union. But the defendant may try to prevent his spouse from breaking off the family relationship. The law provides for cases when a man does not have the right to divorce:

• if the spouse is pregnant;
• until the child is one year old;
• if the child is killed or dies during childbirth, the husband also cannot initiate a divorce for a year.

Of course, in order to keep her husband, a woman can try to get pregnant and give birth to a baby. But what should a man do who doesn’t want to break up?

First, you can try to correct the situation. And solve the problem that caused the divorce petition. This could be the financial side of the issue or the revival of relationships.

The court does not immediately divorce spouses. They are given time to reconcile. And during this period it is quite possible to change the situation in your favor.

If this does not help, you will need the help of a lawyer. A competent lawyer will be able to influence the judge to give a longer period for reconciliation.

The presence of children is a serious reason for a judge to refuse to terminate a family relationship. If there are disagreements between spouses regarding the issues of living with children and raising them, a divorce certificate will be issued only if the disputes are resolved.

Submit a petition to postpone the divorce

Divorce in court takes place in a certain order:

1. Acceptance of application.

As a rule, such court decisions are related to the collection of monetary obligations, and therefore any certificates and documents that allow the court to draw a conclusion about the unfavorable financial situation of the applicant at the present time can serve as evidence for deferment. Also, grounds for postponing a decision may be other significant circumstances, the presence of which also requires documentary confirmation.

When drawing up the text of an application for deferment of execution of a decision, it is necessary to indicate the approximate period from which the applicant will be able to begin fulfilling his obligations, and this period must be reasonable and justified. Ultimately, the period for which the postponement will be made will be determined at the discretion of the court, taking into account all the existing circumstances.

The legislation does not contain a formal concept of “reconciliation period”. In practice, this means a period given to spouses to resolve differences. In fact, this is the time during a divorce intended to think about the current situation, the so-called deferment until the official decision. Often, spouses use the delay not to reach an agreement, but as a reason to delay the divorce.

The duration of the period provided to spouses depends on the place of divorce: the court or the registry office. Divorce through the registry office In the registry office, divorce occurs when the spouses do not have minor children, and they both intend to get a divorce.

I do not have the opportunity to execute the court decision at the present time, because (indicate the reasons preventing the execution of the court decision; circumstances under which the execution of the court decision at the present time will be unfavorable for the parties). In fact, it will be possible to execute the court decision after ""

List of documents attached to the application (copies according to the number of persons participating in the case):

1. A copy of the application for deferment
2. Documents confirming the grounds for granting a deferment of execution of a court decision

Date of filing the application "" Article 203 of the Code of Civil Procedure of the Russian Federation, which regulates disputed relations, also leaves to the discretion of the court the circumstances for granting a deferment. How to draw up and submit an application for a deferment of execution of a court decision. Is it possible that instead of a deferment, an installment execution of the decision is required? To accurately formulate your position, we advise you to read the application for an installment plan for the execution of a court decision.

In an application for deferment of execution of a court decision, it is necessary to indicate information about the decision, the execution of which must be deferred, information about the reasons that served as the basis for filing such an application and evidence confirming the grounds for the deferment. An application for deferment of execution of a decision will be considered by the same court or magistrate who made the decision. The application is considered at a court hearing; the parties are not required to appear at the court hearing.

How can a divorce be delayed in court?

So, we will consider all the adequate options for delaying the trial and focus on what should never be done. Let us immediately note that many spouses decide to register in another place and not notify their other half about the new place of residence. This is a fundamentally incredible decision, since the court will consider the application of one of the spouses taking into account the last place of residence. To defer the sentence, you must first try to delay the review process as much as possible. In this case, you can ask management for a business trip. This will be a valid reason for postponing the court hearing. You can also use sick leave - this is also a valid reason that affects the postponement of the trial. After the case is transferred, you need to file the maximum number of counterclaims:

1. Statement of claim for division of property;
2. Statement of claim regarding issues related to the maintenance and upbringing of children, etc.;
3. Petition for reconciliation. That is, you need to ask the judge to give you the opportunity to reconcile with your spouse in order to restore family relationships. As a rule, such a request is accepted immediately;
4. You can also file lawsuits with very original ideas. For example, you can ask the court to postpone the court hearing until the circumstances are clarified. Indicate that you are trying to discover hidden property of your spouse, even if you are sure that there is no such property;
5. Summon witnesses to court who could testify about the normal life of the spouses - this will help in satisfying the request for reconciliation;
6. Another option is to request paternity;
7. You can file a lawsuit against your spouse for other reasons;
8. After a court decision has been made, appeals can be filed to various authorities in order to delay the process of the decision entering into legal force.

Is it necessary to delay the process?

It is quite obvious that each person has his own individual wishes, accordingly, it all depends on what specific goals you are pursuing. But remember that no matter how you delay the process, you will still be scammed. However, if the need to delay the process does arise, then all the options outlined can become your assistants in this matter. If you do not want to run around various authorities on your own, collecting certificates and submitting some documents, then you definitely need to use the help of lawyers. In this case, a lawyer will help you choose the most optimal and correct tactics of action that will help delay the process as much as possible.

What can a man do to save his family?

If the husband does not want to destroy the relationship and lose the woman he loves, then he should not sit idly by. Since the wife has filed for divorce, it’s time to take decisive action...

What you need to change in yourself

If a man, when his wife wants to divorce, does not understand what to do, the advice of a psychologist will help. The main recommendation is to work on yourself.

Remember, at the beginning of the relationship the spouse was happy with everything? Answer yourself honestly, was your behavior different? If so, then it is necessary to look at the areas that failed . In each case, the problems are individual, but you should work on the most common causes of marriage breakdown:

1. Surround the woman with care and attention. Perhaps you have stopped trying for your loved one. Give compliments, invite them to restaurants, for walks, give gifts.
2. Divide household responsibilities. Help your spouse around the house, wash the dishes, buy groceries. Do the best you can. She will be very pleased if you prepare dinner, sit with the children, and at this time let her rest. The best option would be to hire a housekeeper, which is especially important if your loved one works or takes care of children.

1. Become a man. Give your beloved the opportunity to feel protected and weak. If your family had financial difficulties, then find another job. In addition, do not forget about nice gifts.
2. When a couple has children, disagreements over parenting may also cause the wife to want a divorce. In this case, you need to use the advice of a psychologist to agree on a general system of education. If you are not involved in the lives of your children, give them attention and care, show your spouse that you can be relied upon.

READ

How to painlessly break up with a loved one: methods and tips

How to melt your loved one's heart

It's time to use the heavy artillery. Women are emotional people, so the best way to achieve reconciliation is to make your spouse fall in love with you again . You need to become an insidious seducer:

1. Get yourself in order, change your image, go in for sports. A confident man will be able to arouse his wife's interest.
2. Give unexpected surprises. This could be a serenade, a flash mob, recognition on a billboard or on a page on a social network.
3. Fulfillment of desires. To win the heart of your beloved wife, you need to remember what she dreamed of and realize what she wanted. Maybe she wanted a fur coat, a bouquet of 100 roses, or a trip to Paris. If you show that you know her dreams, then she will again see you as a close and dear man.

Methods of manipulation

Each partner knows the weak points of their other half. If your wife wants a divorce, but you don’t, then you need to influence her with tricks:

1. Through children. You need to set up the child, let him demand that mom and dad be together. To do this, you need to spend more time with him and be sad about parting. A more severe way of manipulation is the threat that you will sue the children and your spouse will not be able to give them anything. But such threats will not help make peace with your wife.
2. Press for pity. This behavior should be used if the girl has a soft character. You need to convince her that you have nowhere to go, you can’t imagine life without her, everything falls out of your hands.
3. Make her feel guilty. Any person is imperfect, so you can find flaws in him. If you convince a woman that no one needs her except you, then perhaps she will change her mind about getting a divorce out of fear of loneliness.

Please note that manipulation is a temporary solution to preserving a marriage, since without changes in the spouses, divorce is inevitable.

When can the court postpone the decision on divorce?

In order for the procedure for dissolving a marriage on the initiative of one of the spouses who filed a claim in court to proceed as quickly as possible, it is necessary to clearly justify such a decision and indicate the circumstances under which further cohabitation is not possible. Otherwise, the judicial authority may allocate time for the spouses to restore mutual understanding in the family within a three-month period.

A meeting may be postponed due to the absence of one of the participants. Also, a divorce can drag on if the parties cannot come to a mutually acceptable decision regarding the place of residence of a joint child or the division of common property.

The procedure may be delayed when a counterclaim is filed by the second party, with demands that run counter to the interests of the first applicant.

How to achieve a deferment of divorce through the registry office, and extend the procedure for considering the issue of divorce in a judicial body?

It is possible to take the following actions that will delay the divorce process on the part of one of the spouses:

• failure to appear at trial for a valid reason. Justified circumstances include illness, possible relocation, incorrect or untimely delivery of notice, impossibility of arriving at the hall where the meeting is being held due to an accident, natural disaster and other reasons. The absence of confirmed grounds does not allow the court to postpone the hearing. Failure to appear must be justified by the relevant document;
• petition the judicial authority for a deferment. This is possible if the initiator of the divorce does not have serious arguments in favor of such treatment. Another reason for postponing the meeting is to carry out the necessary examinations and other actions required to consider the case (assessment of property, etc.). Such a request is made in writing directly at the meeting or orally;
• apply to the court with a request to attract additional witnesses - it is allowed provided that these persons have a personal interest in this issue and their own requirements;
• file a counterclaim – for the division of joint property, determination of the place of residence of a minor child, etc.;
• transfer the case of divorce to a category requiring a change of authority from the world to the district - by expressing disagreement with the child’s place of residence, in the absence of such disagreements earlier.

Any of the above actions will significantly delay the consideration of the case.

When deciding how to delay the divorce process, it is necessary to take into account that these actions should not contradict current legislation or be qualified by the court as a manifestation of disrespect for this authority. Otherwise, the violator faces legal liability.

What arguments to give

When puzzling over the question of how to dissuade your wife from the idea of ​​divorce, what arguments to give, it is worth remembering that women are emotional beings. Therefore, remind your wife how good everything was at the very beginning of the relationship. Let the wonderful moments of the beginning of your romance emerge in her memory.

Children can be another argument. Prove to your spouse, not only in word but also in deed, that children and she are the meaning of your life.

If there are children

How to keep a woman who has been a wife for a long time and who gave birth to a child, or maybe even more than one? This question torments almost all couples over whom the sword of Damocles hangs.

If the husband does not want to get a divorce, only because he is accustomed to the status of a family man and all the benefits that flow from it, and the wife herself is seen more as a woman who looks after the house, raises the child, washes, cooks and cleans, then you should not try to save the marriage only for the sake of the children.

If the looming danger of losing her reminded you that you love your family and simply began to take them for granted, then it’s time to correct the situation. Establish contact with your children, spend more time with them. Women see the relationship between father and child and understand that another man, no matter how wonderful, will not replace him.

In addition, the child is an excellent ally who will help dissuade your mother from rash actions if your wife has not yet filed for divorce.

Duration of divorce when applying to the registry office and the court

Applying for a divorce through the registry office is possible if the following conditions are met:

• the absence of contradictions between husband and wife in their desire to dissolve the marriage;
• the absence of a joint child who has not reached the age of majority;
• if one of the spouses is officially declared missing;
• if the husband or wife is declared legally incompetent;
• if one of the spouses is sentenced to three years imprisonment.

If one of the spouses applies to the registry office regarding the dissolution of a marriage, a decision must be made within a month from the date of visiting the authority. When applying jointly, the spouses are given thirty days to consider the consequences of such an act and the possibility of refusing a divorce.

The countdown of the period for divorce through the registry office begins from the moment when the application is officially registered with the specified authority. If the thirtieth day falls on a weekend or holiday, the end of the deferment is postponed to the next working date.

The procedure for dissolution of a marriage can be lengthy if there is no court order stating that the person is missing or found guilty of a crime that deserves a prison sentence of three years or more. In this case, the initiator of the divorce will have to wait for the appropriate court decision to unilaterally apply for divorce.

Going to court regarding divorce proceedings will be required in the following circumstances:

1. the presence of joint children under the age of majority;
2. husband or wife objects to the decision to separate;
3. one of the parties does not want to contact the registry office without explaining the reasons for such objections.

Depending on the reasons listed above, the following deadlines for consideration of the case are possible:

• the minimum duration of a hearing on the dissolution of a previously concluded marriage is within one month and ten days, if the spouses have no disagreements regarding the procedure for dividing property, the place of residence of children, the participants appeared at the court hearing on time, and justified the desire to divorce by presenting compelling arguments;
• up to three months – if there are disputes regarding the above circumstances;
• for a longer period - if one of the parties deliberately delays the divorce case, failing to appear at court hearings for justified reasons.

The maximum duration of divorce when applying to a judicial authority is up to four months and ten days. Of the specified period, one month is spent on the consideration of the claim, three – on the judicial paperwork, and ten days – during this period the resolution takes legal force.

In addition to the actions of one of the parties, the delay can be explained by imperfections and violations in the functioning of the judicial system - if the participants in the process were not notified in a timely manner, or other deviations from the rules and regulations were made.

Divorce by applying to a court may be delayed if the plaintiff is refused to accept the application for the following reasons:

1. the absence of such powers if the applicant is a government body;
2. when the claim mentions issues that are not related to marriage or affect the interests of other people;
3. the presence of a valid decision of another judicial body in relation to the specified married couple.

The claim for divorce may be returned to the applicant if:

• an incomplete set of documents was submitted;
• the decision on divorce is not within the jurisdiction of this authority;
• the claim was filed by an incapacitated person;
• There were violations in the execution of the application;
• a judicial or government body is already considering the issue.

One of the participants may avoid appearing in court, which will cause delays in considering the issue of divorce. By law, a judge can approve a divorce decree if one of the spouses fails to appear three times. But such an outcome is extremely unlikely, since the obligatory presence of both parties is required for the objectivity of the decision made.

Ways to delay a court verdict

With all the focus of the magistrate or district court on preserving the social unit, the husband and wife must have good reasons for delaying the divorce procedure. For example, when one of the spouses cheats on the other, it is not enough to simply say that he has realized his mistake. If the plaintiff resolutely insists on ending the marital union, then the defendant needs to explain why he refuses to get a divorce.

According to the law, the reconciliation period can last from one to three months, but if at the next meeting the plaintiff does not abandon his intentions, then there is no point in delaying it any longer - the union will be dissolved, no matter what the defendant says.

A common answer to the question of how to delay a divorce is simply not to appear at court hearings, not to respond to subpoenas, and not to explain why the defendant is behaving this way. But the Family Code cannot forcibly keep a citizen married to an unloved person. If they fail to appear at three court hearings, the couple will be divorced in absentia.

If the couple has minor children, then when asked,

how to delay a divorce and what to tell the judge, there are many more answer options:

1. Focus the court's attention on the issue of raising young children, their attachment to the second parent and ask them to delay the decision for the sake of the minors. In this case, even if one of the parties clearly does not want to divorce, the courts almost always give the couple time for reconciliation.
2. Demand to determine whose custody the children will remain after the parents divorce.
3. Starting a dispute about the division of common property in parallel with the lawsuit, which can greatly delay the decision.
4. Say that the party to the process has information about hidden property and declare their rights. In such a situation, the process often drags on for a long time.

How to get a deferment for divorce through the registry office

Divorce through the registry office is possible only if both spouses are ready to end the relationship and they do not have minor children.
When submitting an application, they are given a grace period of 30 days for reconciliation. According to the law, this time is enough to make an informed decision and confirm that the application was not submitted rashly.

But it may turn out that this time is not enough. That is, the husband and wife have not completely changed their minds about getting a divorce, but they already doubt the correctness of their decision.

In this case, you can withdraw the application and try to live together. Without this, an employee of the Civil Registry Office will enter data on the termination of family relationships. And the spouses will only have to pick up the divorce certificate.

Another option to get a deferment is to not appear at the registry office on the appointed day to sign documents. Then the civil servant will be forced to give the spouses an additional delay for reconciliation.

And, of course, you can ask the registry office employee for additional time to think.

Both in case of divorce through the registry office and through the court, the law will always advocate the preservation of the family. Therefore, requests for a postponement or a petition to terminate the divorce process are almost always granted.

How to achieve red tape at the registry office?

Divorce in Russia occurs in two ways:

• through the registry office - if there are no children and there are no disputes between spouses;
• through the court - if there are children, or one of the couple objects to the divorce.

In the event that there are no children at all, or they have already reached the age of majority, the spouses can divorce at the nearest registry office. Here the way to delay time is very simple - just not appearing at the registry office, not submitting applications and not signing any papers. Without the clearly and unambiguously expressed consent of both spouses, divorce in the registry office is impossible. And in this situation, anyone who wants to end the marriage will have only one option - to go to the magistrate with a statement.

When can you appeal a divorce?

A court decision can be appealed before the expiration of ten days from the date on which it was made. To do this, the party who does not agree with the court decision must appeal to a higher authority.

If the specified period has expired, the resolution is recognized as having officially entered into force, therefore it is extremely difficult to change the outcome of such a review, and a positive result of such actions is practically unattainable.

But one of the spouses is given the right to challenge the order of division of property adopted by a court decision after it has entered into force. According to paragraph 7 of Art. 38 RF IC and Art. 196 of the Civil Code of the Russian Federation, the duration of appealing property issues is three years from the date of dissolution of the marriage.

Where can I get a divorce without my wife's consent?

In most cases, it will be possible to get a divorce without the wife’s consent, but you will have to go to court (Article 22 of the RF IC). However, there are exceptions depending on the presence or absence of children:

1. Do you have children. If the wife is pregnant or has a common child under 1 year old, it will not be possible to divorce without consent. The court will refuse to accept the application on the basis of Art. 17 RF IC. Divorce proceedings in the presence of a child over 1 year old and the absence of the spouse’s consent are possible, but the time frame may be delayed due to the appointment of reconciliation.
2. No children, wife is against it. Direct road to court.

Important! There is no point in trying to get a divorce at the registry office in the absence of your wife’s consent - the application is submitted only jointly, or in cases where her opinion is not required.

When is the wife's consent not required?

According to Art. 19 of the RF IC, divorce in the registry office without taking into account the opinion of the spouse is possible if she is declared incompetent, missing, or convicted of a crime for a term of 3 years or more.

To officially separate, it is enough to submit an application to the registry office in form No. 11, approved by Order of the Ministry of Justice dated October 1, 2018 No. 201, and pick up the completed certificate.

The wife does not give a divorce and blackmails

Blackmail may concern bans on meetings and communication with children, disclosure of family secrets, damage to a man’s reputation, and turning relatives against him. There is no need to worry - the law is on the side of the spouse:

1. According to Art. 61 of the RF IC, parents have the same rights and responsibilities to their children. A wife cannot prohibit her husband (even her ex) from seeing their common child. When faced with such a situation, it is recommended to go to court to determine the order of communication. The norm is also relevant for men who have adopted children of women from previous marriages: according to the law, they are considered full parents.
2. Based on Art. 152 of the Civil Code of the Russian Federation, in court, you can demand a refutation of information that discredits honor and dignity, and recover damages and moral compensation.

It’s more difficult with relatives: if they are opposed to a man, no court can oblige them to communicate with him.

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You might find it useful:

Where to file for divorce

Samples of divorce documents

Divorce lawyer consultation

Length of grace period for divorce

Schedule a court hearing, with notice sent to each spouse.

• Interviewing the parties to the dispute, clarifying the positions of the spouses and providing time for reconciliation for a period of 1 month. The reason for the delay may be uncertain behavior (vague explanations, refusal to explain the reason for the divorce) or a request from a party to the process.
• Repeated meeting. The intentions and positions of the parties are clarified again. Additional time is provided for reconciliation or a decision is made to dissolve the marriage if the spouses insist on divorce and are categorically against a postponement.
• The Family Code of the Russian Federation gives the court the right to order reconciliation within 3 months. And this period includes both the period appointed by the court on its own initiative and at the request of one of the spouses.

How to get a divorce without your wife's consent?

The divorce process begins with the preparation of a statement of claim. It is recommended to determine what needs to be resolved simultaneously with the divorce: division of property, disputes about children, collection of alimony.

The step-by-step procedure looks like this:

1. Completing and submitting an application. Documents are sent in person, through the State Automated System “Justice” or by Russian Post.
2. Sending the statement of claim to the defendant by registered mail with return receipt requested. If the claim is submitted in person, he must sign on the second copy for delivery.
3. Acceptance of documents for production by the court. The determination is made within 5 days from the date of receipt.
4. Preliminary meeting (conversation). The judge listens to the parties' arguments regarding the requirements and, if necessary, requests additional documents.
5. Consideration of the case on its merits. Can be appointed after the conversation. The circumstances are heard and the reasons for the divorce are determined. The defendant may file a motion to set a conciliation period.
6. Appointment of reconciliation for a period of up to 3 months. The court issues a ruling and the proceedings are suspended.
7. Court hearing. If, after the reconciliation period, the plaintiff insists on divorce, the demands are satisfied (Article 22 of the RF IC).
8. The decision enters into force one month after its adoption in final form.
9. Submitting documents to the registry office to obtain a certificate. It is issued on the day of application. It is not necessary to come together. The application can be brought in person or submitted through State Services by making an appointment in advance.

Important! 3 months is the total duration of the conciliation period. But the judge has the right to “tear” him into pieces.

Contents and sample of the statement of claim

The application must include complete information about the marriage, requirements and parties:

• Full name, registration addresses of the plaintiff and defendant, passport details of the plaintiff;
• date of marriage, details of the certificate;
• the date from which cohabitation was terminated;
• reasons (optional);
• date of birth, full name children;
• the presence of related disputes: division of property, collection of alimony, resolution of disputes about children;
• requirement for divorce, establishment of a procedure for communication with a child, payment of alimony, division of common property;
• initiator's signature.

The statement of claim is drawn up in three copies. One is sent to the defendant, the second to the court, the third remains with the plaintiff with a note of acceptance made in court.

Sample document:

Consultation on document preparation

Documentation

For divorce proceedings, in the absence of the wife’s consent, the plaintiff, along with the application, submits to the judicial authority a passport, a receipt for payment of the state duty, a notification of delivery or another document confirming the sending of a copy of the claim to the defendant, a marriage certificate (Article 132 of the Code of Civil Procedure of the Russian Federation).

If property is divided, you will need title documents for it.

Legal advice: if the wife does not give the marriage certificate, submit the application anyway. The judge will require the document from her at the preliminary hearing.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

State duty

For consideration of a divorce case, 600 rubles are paid. When the decision comes into force, 650 rubles are transferred for issuing divorce certificates. If alimony is collected, the fee will be 150 rubles, but on the basis of Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs are exempted from it - the amount is recovered from the defendants.

For the division of property you will have to pay on average up to 4% of its value. The amount of the duty is determined by Art. 333.19 Tax Code of the Russian Federation.

Time for reconciliation

If the currently active husband and wife do not have children (or they have reached the age of majority), then the divorce is carried out administratively - through the registry office. In this case, the maximum time for reconciliation is one month (Article 19 of the Family Code of the Russian Federation). If the family remains intact, then the spouses do not have to withdraw the application.

If you have children under the age of 18, then file a lawsuit. In this case, the maximum time for reconciliation is three months (Article 22 of the Family Code of the Russian Federation).

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. And if the spouses have a newborn child and they quarreled over some household item, then three months may be granted.

Method No. 1. Failure to attend a court hearing for a valid reason

The law does not say what is considered a valid reason and what is not. The judge makes his own decision.

In practice, valid reasons are:

√
The need to leave.
It is very important where exactly.
A business trip will be considered a valid reason, but a trip to the sea will not. √ Illness.
Yours or your loved one if he is lonely.
√ Inconsistent with the rules and/or untimely notification of the place and time of the trial.
Please note that a “primitive” refusal to accept a subpoena does not solve the problem.
This way you will only gain two to three weeks (based on the work schedule and workload of the court). √ Objective circumstances, i.e.
those that do not depend on the person and which caused the inability to get to the courthouse. These include road traffic accidents, man-made accidents, natural disasters, etc.

You will need a document confirming the need for departure, illness, etc. In the first situation, a copy of the business trip order is suitable, in the second - a certificate of the upcoming operation.

The disadvantage of the first method of delaying a divorce is that it gives very little time. After the second or third no-show, you will be scammed.

How to counteract the delay of divorce in this situation?

In fact, no way. In accordance with the Civil Procedure Code of the Russian Federation, one postponement of divorce for a valid reason is possible.

Method No. 2. Attend the court hearing, but ask the judge to postpone the divorce

A deferment of divorce is granted if:

√

The plaintiff has no serious arguments for separation from her husband/wife;

√

The plaintiff is not sure that he wants to dissolve the marriage;

√

The defendant intends to restore the relationship.

In addition, if one of the parties requests the inclusion of additional documents, an examination, etc.

All you need to do is communicate, in writing or orally, your intention to restore the relationship. Tell me what you will do.

The time for reconciliation is prescribed in the protocol (Article 225 of the Civil Procedure Code of the Russian Federation).

How to counteract the delay of divorce in this situation?

Most often, judges accommodate those who ask for a delay in divorce. To reduce the time required for reconciliation, try:

√

Insist on divorce, even if the other party is against it;

√

Give arguments in favor of the fact that the family remains only on paper - you do not live together, do not communicate, etc.;

√

Emphasize that delaying the divorce violates the rights of the plaintiff and children.

A deferment of divorce cannot be appealed, since it does not cancel the case, but only slows it down.

Method number 3. Request to involve witnesses and/or third parties in the case

To attract witnesses to the case, it is necessary to justify the significance of the testimony of these people.

There is no point in hoping for another postponement of the divorce due to the fact that the witnesses have not been notified of the place and time of the trial - in civil cases, unlike criminal cases, forced delivery is not provided. Witnesses may simply not appear at the court hearing, and this will not affect anything.

Special attention should be paid to the involvement of third parties in the case. This possibility is provided for in Article No. 51 of the Arbitration Procedural Code of the Russian Federation, which is interpreted ambiguously.

A request to involve third parties in the case will only be granted if the standard is met.

Firstly,

the third party should not have its own requirements.

Secondly,

the third party must be connected with the case - have a material interest in it.

How to counteract the delay of divorce in this situation?

Prove that whatever the outcome of the case, there will be no negative consequences for a third party. You cannot do this without the help of an experienced lawyer. It is impossible to give any specific advice, since each legal process is individual.

It is possible to prevent the involvement of third parties in the case in advance, before the start of the court hearing. If there are many third parties, then place an advertisement in the media, and if there are few, then send letters. The court will consider that third parties were notified and if they were interested in the case, they would have appeared at the court hearing.

Method number 4. File a parallel claim

An example of filling out a statement of claim when dividing jointly acquired property

We are talking about claims such as:

√

Claim for division of common property (both real and movable);

√

Claim to establish the place of residence of children under 18 years of age;

√

Claim for scheduling meetings with children under 18 years of age;

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Claim for collection of alimony for a child and for oneself;

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Claim to challenge paternity, etc.

Any parallel process greatly extends the trial. For example, when establishing the place of residence of children under 18 years of age, it is necessary to examine the living conditions of the plaintiff and defendant; when collecting alimony for the child and for oneself, wait for income certificates; If paternity is disputed, conduct a DNA test.

How to counteract the delay of divorce in this situation?

Make sure that the divorce takes place within the scope of the original case. Point out that there is enough information for the divorce itself.

Method No. 5. Transfer the case from the Magistrates' Court to the District Court

If there is no conflict in the family about who the minor children will stay with, then the application is sent to the magistrate’s court, and if there is such a problem, then to the district court.

This procedural subtlety provides another way to delay the divorce. Let's assume that you have agreed that your wife will take your son with her. She filed a lawsuit in the magistrate's court.

After this, you can state that you disagree with the child’s future place of residence. Thus, the case will fall under the jurisdiction of the district judge rather than the magistrate. The transfer of materials will take some time and, given the bureaucracy in our country, a considerable amount of time.

How to counteract the delay of divorce in this situation?

Unfortunately, no way. Filing a claim in the magistrates' court is based on an agreement that can be revoked.

A loved one wants a divorce: where should a woman start?

First of all, you should not immediately define the problem that arises in your relationship as a crisis. Various factors, including (and sometimes most of all) external ones, influence the fact that a couple temporarily moves away from each other, does not find time to talk, or find common ground.

A short-term fall into a routine where a man shows more dissatisfaction and less affection is normal.

Therefore, to begin with, you should just calm down and take a deep breath , and then try to look at the situation from the outside. After this, you can begin specific activities aimed at identifying the causes of the problem and planning further actions.

How to stop divorce proceedings

There are cases when the time given by Themis for reconciliation is not wasted, and the spouses decide to try to save the family. Then there is a need to stop the divorce process.

The easiest way is to write an objection document. It contains the following points:

• Date of filing of the divorce petition.
• The reason why the spouses decided to withdraw the previously written petition was the desire to save the family.

After filing an objection, the court will issue a ruling on setting a day for consideration of this issue. Both spouses are required to appear at the meeting. This is necessary in order to confirm that both husband and wife are truly ready to continue living together.

What you should never do if your wife wants a divorce: 10 commandments

Are you ready to do anything to save your family? This is a laudable aspiration, but it cannot be taken to extremes. Some people, in an attempt to keep their spouse, unwittingly choose the wrong lines of behavior that lead to the exact opposite result.

Here are 10 strategies we strongly advise against using in an attempt to bring peace and love back into your marriage.

Don't put pressure on your spouse or stalk her

Don't call her a hundred times a day and don't send tons of messages, especially if you haven't done this before. Now your wife needs additional personal space to calmly sort out her feelings and the correctness of the decision to divorce. If you put pressure on her, you can only aggravate the tension that has arisen between you.

Don't try to manipulate your wife

Don't point out to your wife all the good things that are in your marriage or in you, and don't endlessly repeat declarations of love. Also, you should not try to force your spouse to look at your wedding photos, talk about the first days of acquaintance and the most romantic moments. Such manipulation is too obvious and, as a rule, completely ineffective.

Don't make dramatic scenes

It’s impossible to force someone to be close to you because of a feeling of pity, so it’s better not to even start conversations on the topic “I’ll be lost without you” or “I can’t live without you.” You can try to express your feelings sincerely, but deliberately playing the victim is not a good strategy for repairing your relationship with your spouse.

Even if she now gives up the idea of ​​divorce, this approach will not be able to save the marriage in the long run.

Don't involve your family and friends in this problem.

Trying to ask your loved ones to convince your spouse to stay with you will also not help. On the contrary, she will probably be upset or even angry that you have involved other people in this personal issue and are trying to influence her decision with their help.

Don't try to buy her forgiveness or love

If the reason your wife says she wants a divorce is because she loves another man or because she has behaved in a way that she no longer wants to put up with, trying to change her mind with gifts and flowers will get you nowhere.

Don't spy on her

Under no circumstances should you try to spy on your spouse by checking her phone number or account details. Now you need to strengthen the trust between you, and not completely destroy it.

Don't try to make her jealous

Don't go crazy. Stay away from alcohol, drugs, flirting with other women (or anything else), and leaving the house all night. If you really want to get your spouse back, then this behavior will not help and, very likely, will only make the situation worse.

Do not raise your tone and do not use physical violence under any circumstances.

Your wife's desire for a divorce may make you furious, but you cannot give free rein to your emotions. By shouting, and even more so by demonstrating force, you will not only bury the last hope of saving the family, but also incur administrative responsibility.

Don't get into trouble with her new lover

If the reason why your wife decided to divorce was another man, then demonstrating your supposed superiority over him, as well as physical violence, will not help return your wife’s love. Read about how to behave in such a situation in a separate article.

• M+F How to understand that a girl has someone else and how to get her back (+ what not to do) Is it really possible to do this?

Do not take the position of categorically refusing divorce

“I don’t want to give my wife a divorce!” - It is useless to take such a position when the spouse has made it clear that she has firmly decided to leave. She is not your property, and the law gives her the opportunity to get what she wants without your consent.

A categorical refusal on your part to divorce will only prolong the process a little, but in the end you will most likely lose not only your wife, but also her good attitude towards you.

Therefore, if you see that her decision is final, find the strength to come to terms with this and calmly discuss with her the date of filing the application, as well as the division of property and custody of children, if you have them.

• M+F How to survive a divorce from your wife: 16 tips from a psychologist that will help you You can handle it!

However, we still hope that the situation is not hopeless and that your wife is considering the possibility of reconciliation. If so, here are 6 tips that may help you.

How not to break the law?

How can you drag out a divorce in court without breaking the law? The first thing to remember is the principle that both parties to the process have equal rights. Therefore, the court guarantees each of them the opportunity to appear at the hearing, express their thoughts and arguments, present evidence and object to the opponent’s evidence.

That is why such a delaying method as failure to appear for a good reason works well. The legislation does not contain a complete list of reasons that are valid, but in practice they can be:

• Being treated in a hospital;
• Long business trip;
• Emergency, etc.

Therefore, if you need to postpone the divorce, submit a petition to the judge, according to which you are physically unable to be present during the hearing and ask to postpone the consideration.

The petition must be motivated - which means it must be accompanied by a copy of the sick leave, a business trip order or another document that confirms that you cannot appear in court in person.

Subpoena – to take it or not?

You can often hear the opinion that if you do not take a subpoena and sign for its receipt, then the judge will not be able to do anything. Actually this is not true. The procedural legislation of the Russian Federation provides that, if necessary, the case can be considered in the absence of one of the parties, if the participant was properly notified about where and when the trial will take place. And the judge may consider a simple evasion of receiving a summons to be proper notice.

Therefore, if you simply do not accept the summons and do not appear before the judge, you will be able to win a maximum of two to three weeks, depending on the work schedule and the workload of the court with cases. After the second or third failure to appear, the divorce will still take place. However, if you urgently need to win back a few days, this method is quite suitable.

Procedural methods

A very good method by which the process can drag on for a long time is the use of purely procedural methods. Let's say the wife filed a petition for divorce before the magistrate. In this situation, the husband, if there is a child, can instantly declare that he does not agree that the son (or daughter) will, as usually happens, live with the mother - but wants to leave him with him. Even when a man is not really particularly eager to live with the child, this will immediately lead to the fact that the claim will no longer be subject to jurisdiction by the magistrate, but by the district court. The transfer of materials will take some time - and this is a very good option for prolonging the divorce.

When the case ends up in the district court, you can file a counterclaim. Here it is no longer important what will be the subject of the statement of claim. You can demand the division of property, dispute the place of residence of children, dispute the very fact of paternity - the main thing is that the claim is accepted for consideration. In any case, this will significantly delay the matter.

It is also a good idea to demand that witnesses be called to the court on any of the issues. The main thing here is to convince the judge that without their testimony, a final resolution of the case is impossible. Witnesses may not receive a subpoena and may not appear - and then there will be a reason to apply for a postponement of the hearing. But, having decided to act in this way, the main thing is not to overdo it. The challenge must be motivated. In addition, if the witnesses do not appear, the judge will consider the case without them: forced bringing is not provided for in civil proceedings.

The main thing to remember is that deliberately delaying the process is always a “game on the verge of a foul.” Here it is quite easy to be punished for contempt of court. Therefore, if such a need arises, find a good lawyer and consult with him what to do and how to delay the divorce.

Legal ways to avoid divorce if there are no other options

If your wife files for divorce and you want to avoid this, you can use legal means to change the situation in your favor.

USEFUL INFORMATION: How to get your ex-wife back: recommendations from a psychologist

What should your spouse do?

It is worth taking legal help from a lawyer. He will be able to influence the court decision, which may set a deadline for reconciliation. This is especially important when there are children in the family: in the event of a divorce, they remain with their mother, and for men, contrary to popular belief, this is a very traumatic factor.

What you definitely shouldn’t do is use a child as “protection” from divorce. Think about the fact that children suffer more than adults in such situations.

Russian legislation does not limit a wife’s rights to initiate divorce proceedings, even if the couple has young children or the woman is pregnant, unlike the husband, who will not receive a divorce if the child is under 1 year of age. However, if a wife wants a divorce with a small child, she needs to present compelling reasons and evidence to the court.

Justified reasons for divorce on the part of the wife:

• The husband’s behavior towards his wife violates articles of the Family or Criminal Code of the Russian Federation.
• Registration of the spouse at a drug treatment or psychoneurological dispensary.
• Deprivation of husband's freedom and other issues.

Even if the trial has already taken place, do not despair! There are many examples of ex-spouses getting back together and living together for the rest of their lives, remarrying.