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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.

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.

Time limit for reconciliation of spouses upon divorce in court, registry office

» Divorce » Deadline for reconciliation in case of divorce

To dissolve a marriage, spouses apply to the registry office or court. The fastest way is to get a divorce in the registry office or the magistrate's court, but for this it is necessary that both spouses have a desire to live separately without obligations.

If one of the parties does not agree to sever the relationship, the duration of the process can be significantly increased. There are many reasons: the defendant’s failure to appear in court, avoidance of receiving a summons.

It is possible to extend the process legally if the judge provides a period for reconciliation.

When is the deadline for reconciliation in divorce?

Spouses can contact the registry office if:

both agree to divorce and do not have common children under 18 years of age;
one of the spouses, by a court decision, is declared incompetent, missing, or imprisoned for a period of more than 3 years or more for committing a crime.

In all of these cases, the consent of the spouses is either achieved or is not required at all, therefore they do not need a period for reconciliation.

To ensure that the spouses still have the opportunity to change the decision, the divorce at the registry office is carried out one month after filing the application.

During this period, each spouse can withdraw the application, then the second will need to apply for a divorce to a district or city court.

At least 1 month must pass from the moment of filing the statement of claim to the next date of the hearing (Article 23 of the RF IC). This period may not be enough to finally clarify the relationship and resolve disagreements. The decision should not be made rashly, under the influence of emotions or in a stressful situation.

If the husband or wife wants to save the marriage despite temporary difficulties, the judge will accommodate the situation, providing a period for reconciliation.

The judge is not obliged to reconcile the spouses. One of them must take the initiative and convince that saving the family is possible. If the husband and wife do not request a time limit, the judge may, at his discretion, adjourn the hearing and give the spouses time to finally come to the conclusion that it is impossible to live together or continue to live in the family.

Maximum and minimum time for reconciliation

The maximum period for reconciliation is specified in paragraph 2 of Art. 22 of the RF IC and is equal to 3 months. Minimum - set by decision of the judge. It can be 2 weeks, 2 months or another, but no more than 3 months from the date of filing the relevant application.

In any case, a divorce in court is not carried out earlier than one month from the date of filing the claim for divorce.

Is it possible to file an application for reconciliation of spouses several times?

Guided by the desire to save the marriage or to “annoy” the other half, one of the spouses strives to maximize the duration of the divorce process. For the plaintiff, an uncertain status entails many inconveniences: the inability to obtain child benefits; enter into a new relationship; purchase valuables, fearing that the property will be subject to division.

So can the defendant repeatedly apply for a time limit for reconciliation and delay the process for an indefinite period? The answer is in paragraph 10 of the Resolution of the Plenum of the Supreme Court No. 15 of November 5, 1998, which states that spouses can initiate the postponement of the proceedings several times, but the total period for which the consideration of the case is postponed cannot exceed 3 months.

For example, if a one-month period for reconciliation was granted, at the next meeting the spouse has the right to demand that it be extended for a period of up to 2 months, after which the judge will make a decision on divorce.

The period provided for reconciliation can be reduced if, according to the Resolution, the second spouse declares good reasons that make reconciliation impossible. The presence of circumstances affecting the provision of a period must be reported in an objection drawn up according to the following example:

Important! The objection is filed before the judge makes a ruling on granting a period for reconciliation.

Download sample

If there are compelling reasons, for example, infidelity of a spouse, alcoholism or drug abuse, a threat to life and health during further cohabitation, a threat of violence, etc., the court will accommodate halfway, rejecting the defendant’s request to postpone the hearing date.

Frequently asked questions about providing a period for reconciliation in divorce

When will the judge find out if the spouses have reconciled? Answer: At the next meeting. The couple say they no longer intend to divorce. Refusal of the claim is possible until the judge leaves for a meeting. The judge issues an appropriate ruling to terminate the divorce proceedings, and the couple continues to live in a legal union.
What happens if, after the expiration of the period for reconciliation, the plaintiff or defendant does not come to court? Answer: If the plaintiff is absent, the judge will re-issue the summons and try to find out the reasons for the absence by telephone. In case of repeated failure to appear, the judge has the right to leave the claim without consideration. If the defendant does not come and does not apply for a postponement for a good reason, the case is considered in his absence, and the decision is made in absentia.
Why is the deadline for reconciliation dangerous? Answer: During the period provided to preserve the union, the spouses are not yet officially divorced, which means that acquisitions and loan obligations will be common, which is fraught with an undesirable division of property and debts in the future.
Is it possible to appeal a court ruling granting a period for reconciliation? Answer: According to Art. 371 of the Code of Civil Procedure of the Russian Federation, a court ruling can be appealed in cassation or appeal if it excludes the possibility of further progress of the case. Unfortunately, the provision of time for reconciliation is not subject to this rule and therefore cannot be appealed.

When submitting an application for divorce to the registry office or court, spouses have some time to think about it. The decision on divorce is not made earlier than one month from the date of receipt of the document by the relevant government agency. If the husband or wife does not lose hope of saving the family, during a divorce in court they will be given the opportunity to extend the process legally by applying for a period for reconciliation.

This is good if the applicant has a good goal - to preserve the union, but it is different when such actions are aimed at deliberately delaying the process to limit the rights and freedom of the second spouse.

Much depends on the judge’s personal vision of the possibility of reconciliation, therefore it is important to clearly and convincingly present the circumstances of the case: to the plaintiff - in the claim, objection; to the defendant - in a petition for a conciliation period.

Lawyers from the website ros-nasledstvo.ru will help you draw up documents correctly. Consulting a specialist in divorce proceedings will help speed up the process and protect your rights in court, using the rules of the law.

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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.

How much time is given for reconciliation during a divorce through court?

The judge has the right to allocate time to resolve conflicts and further reconcile the husband and wife on his own initiative, in case of disagreement with the divorce, or at the request of one of the spouses, as well as both at once.

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.

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. Based on the above-mentioned article of the Family Code of the Russian Federation, the period established by the court for reconciliation of the parties is set within three months.

The judge cannot set a conciliation period if the defendant expressly states his desire to get a divorce.

The initial minimum period for reconciliation of spouses is determined at the discretion of the judge himself to identify positive dynamics in family relationships; as a rule, a period of one month is provided.

Then the judge can assign another two months. In total, the total period cannot exceed three months; this is the maximum time for reconciliation of the parties.

If the declaring party still demands a divorce, that is, reconciliation of the spouses has not occurred, the court dissolves the marriage. The time provided by the court “to think” is still useful, since there are cases when a husband and wife actually reconcile. In this case, the plaintiff must declare a waiver of the claim, and the divorce process will stop.

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.

Petition for reconciliation of the parties in a divorce - sample document

The divorce process does not always end with a break in the relationship and the receipt of a certificate of dissolution of the family union.
It’s rare, but it happens that spouses find the strength and motivation to reconcile. In such a case, the law provides for a petition for reconciliation of the parties, a sample of which can be downloaded from trusted sources. However, for its correct preparation and understanding of the essence, it is advisable to study the form and purpose of the document in advance.

When a judge is obliged to give spouses a period of time for reconciliation

The issue of providing a temporary period for the opportunity to reconcile and avoid divorce is regulated by Art. 22 IC RF.

Paragraph 2 states that this option applies when at least one of the spouses does not agree to break the family union.

This gives the court the right to make a decision on setting a time for reconciliation of the parties, within a three-month period.

In addition, the period allocated for these purposes may be shorter than that specified by law.

It is not always enough just to object to a divorce; the party must appeal with facts that would convince the court that the family can still be saved, and the personal relationship between the spouses has not yet been completely broken.

How to correctly write an application for reconciliation during a divorce

If the parties reach an agreement on this issue and the period allocated by the judge benefits the family relationship, they have the right not to dissolve the marriage. To do this, it is necessary to speak to the one who filed the claim to begin the divorce process.

You can communicate your intention to save your marriage in one of the following ways:

orally during the hearing on the case. If the plaintiff and defendant declare during the meeting that the reasons preventing their continued marriage have been eliminated, this will be entered into the minutes of the meeting and will become the basis for termination of the process;
in writing , by submitting an application at any time before the decision is made.

When using the second option, you must follow some rules:

the presence of errors and typos is unacceptable;
correct presentation of data in accordance with documents;
conciseness, brevity and accuracy.

The text of the document must indicate the name of the court, the number of the divorce case, the details of the parties, and a request to terminate the consideration of the divorce proceedings.

Petition for reconciliation of the parties in a divorce - sample

When drawing up a document, it is advisable to refer, for example, or view the form. This can be done in several ways, including contacting the court secretariat.

For your reference, a sample petition for reconciliation is as follows:

В__________(name of court)

From full name plaintiff

Application for termination of proceedings in connection with the abandonment of the claim

The court is proceeding with case No._______ regarding a claim against _________ (full name of the defendant) in the case of _______ (essence of the case) in connection with _________ (specify the reason - reconciliation of the parties). According to Art. 173 Code of Civil Procedure of the Russian Federation I ask:

Proceedings in the case _________ are terminated.

Consequences of refusal according to Art. 221 of the Code of Civil Procedure of the Russian Federation is known to me.

Date_______________ Signature______________

Duration of the conciliation period

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.

In practice, you will never know exactly how much time will be given for reconciliation and whether it will be provided at all. A judge, guided by different criteria, may act differently.

However, in practice, in the vast majority of cases it stands out.

Some spouses need to extend this period to take advantage of the maximum opportunity to restore the relationship. However, the judge can only grant up to 3 months, and if one of the spouses does not appear at the hearing three times, he will automatically dissolve the marriage.

You can artificially prolong time due to illness or other valid reasons. To do this, it is necessary to provide documentary evidence to the court and the period will not be extended.

What happens if the spouses reconcile?

If the parties have completed everything correctly and warned the court that the process should not end in divorce, there will be no consequences for them. As a result of these actions:

the marriage is preserved and is not interrupted over time;
the case is terminated.

As a result, if it is necessary to reconcile the parties and there is such a possibility, the judge may give the spouses some time.

It is defined in law. If the parties reach an agreement and change their mind about getting a divorce, the court should be notified about this. It is advisable to do this in writing. As a result, the family union will be preserved and the divorce process will be stopped.

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