Art. 21 of the Family Code of the Russian Federation with comments

The dissolution of the marriage union is held in court if people have underage children or one of the citizens does not consent to a divorce. This is confirmed by Art. 21 of the Family Code of the Russian Federation. In addition, the dissolution of the marriage union is carried out by the court in the event that the husband or wife simply evades the divorce in the registry office. More details about this will be written in this article.

If there are common children

This is evidenced by Art. 21 of the Family Code of the Russian Federation. In other words, a divorce is held in court if people have small children who are not yet 18 years old. If there is no dispute between husband and wife about the place of residence of the latter, then the case of divorce is considered in the world court. If the spouses can not solve this issue peacefully, then the divorce will be carried out in the district court. In addition, if the children are already 10 years old, they have the right to choose which of the parents they would like to stay with. In this case, the other spouse will pay out money for the maintenance of the latter to her ex-husband or wife.

Lack of agreement

Sometimes it happens that one of the spouses does not want to stop marital relations. In this case, the divorce will be held in court. This is also stated in art. 21 of the Family Code of the Russian Federation. In this case, one of the spouses may insist on maintaining the marriage, if it believes that the relationship can still be established.

In a situation where one of the people is against the termination of family relations, the judicial authority has the right to give the husband and wife time for reconciliation. This period can not be more than three months. If, at the end of this period, the spouses are not reconciled, the judicial authority shall decide on the termination of their family relations.

Without objections

In a situation where a husband or wife does not object to the termination of marital relations, but shy away from going and applying to the registry office, the marriage will be terminated in court. This is indicated in art. 21 of the Family Code of the Russian Federation. In this case, the motives for divorce are not clarified. The dissolution of the marriage union takes place in the world court and not earlier than four weeks after the submission of the application.

Avoiding the joint transfer of an application to a registry office should be understood as the unwillingness of the second spouse to take any action aimed at ending family relationships. Even if he has no objections and formally agrees to a divorce. In this case, the marriage union is subject to termination in court, which is provided for in Section 2, Art. 21 of the Family Code of the Russian Federation.

Order

In order to stop marital relations, one of the spouses must file a relevant application with the court. In a situation where people have children, but the issue of their residence is decided by them alone, the dissolution of the union will take place in the world court. Most often it happens. But sometimes there are cases when parents can not resolve the issue of children's residence. In such a situation, a divorce will be held in the district court.

It should also be noted that the plaintiff (one of the spouses) can use the right and file an application at the place of his registration. This is allowed in cases where a child lives with him or because of his state of health the latter can not arrive at the court of the settlement where the defendant is located. If the spouses live in the same city, there will be no problems.

Hearing on the case is appointed no earlier than four weeks after the transfer of the claim to the judicial authority. The parties in the case must be notified of the appointment of the meeting by the agenda.

It should also be noted that before filing an application the plaintiff must pay a state duty, which is 600 rubles.

Documentation

Divorce in court is quite a troublesome business. In order for it to be accepted for production, it is necessary to collect the necessary package of documents. It includes:

• The original of the certificate of the conclusion of the union;
• Document on the birth of the child (must be two copies);
• A claim in duplicate;
• In some cases an agreement is being made on the payment of funds for the maintenance of children and the division of common things;
• Check on payment of state duty.

What is stated in the law

In the event that people have children, but they agree to the termination of the marriage, divorce is held in court with the application of the norms of Art. 21, 23 of the Family Code of the Russian Federation. Most often it happens. In this case, the judicial body terminates the marriage union without clarifying the reasons for the divorce.

Husband and wife can provide a document that determines the place of residence of children (with the father or with the mother). In addition, if one of the spouses insists on the division of property, the judicial authority must resolve the matter.

Important

Divorce of spouses is made in court, if one of them does not agree to the dissolution of the marriage. This rule is set art. 21, 22 of the Family Code of the Russian Federation. In this case, the judicial authority has the right to give the married couple a period for reconciliation. As a rule, it does not exceed three months. If during this time the husband and wife have not reconciled and do not agree to continue their marital relations, the judicial authority ceases their union.

A comment

The dissolution of the union of two people will be carried out in court if they have children under the age of 18 or one of them does not agree to the termination of relations. This is indicated by the norm of Art. 21 of the Family Code of the Russian Federation. With comments to it you can not disagree. In addition, it must be pointed out that the divorce of the husband and wife can be carried out in the registry office, when one of the spouses has received a prison term exceeding three years, and also recognized as missing or incapacitated.

The husband can not file a claim for the termination of the union at a time when his wife is waiting for the baby, and also until the child reaches one year. This provision is enshrined in family law.

Addressing issues

If a husband and wife have children who are under 18 years of age, the termination of the marriage should be carried out in court. In addition, the spouses have the right to draw up a document on the location of the children and the procedure for keeping them. In the event that during divorce in court, these issues were not resolved by husband and wife on their own, the court must consider them. Legislatively, this is provided for in Art. 21, 24 of the Family Code of the Russian Federation. In addition, one of the spouses has the right to present a demand for the division of things and recovery of monetary maintenance from another spouse.

General information

Divorce of spouses in the court cases are carried out when they have children under 18 years of age, and also in the absence of consent to the termination of marriage from one of them. This is evidenced by the Family Code of the Russian Federation. Art. 21, 22, 23 of this collection of laws also indicate that the divorce of a husband and wife through the court is provided in certain cases. Namely:

• When there are children (under 18 years);
• One of the spouses does not agree to the termination of marital relations;
• Evasion from divorce in the registry office (if there is no official reason for this).

In this case, the judicial body must find out all the circumstances that prompted one of the spouses to take such a responsible step. In addition, it is necessary to clarify all the reasons that have contributed to the formation of conflict in the family. Sometimes it happens that the husband and his wife just quarreled, but continue to lead a common household. In this case, the judicial authority will provide time for reconciliation of the spouses. After all, it is possible that in their life together all is not lost, and they will continue their joint living together.

The situation is different in such a way that people for a long time do not support any relations and do not even communicate, but they continue to be in an official union. In this situation, the judicial authority has the right to divorce the spouses at the first meeting, if the other does not object to the termination of the marriage.

Most often, the dissolution of the union in the judiciary is due to the fact that people have small children. When a parent is divorced, the interests of minors should be taken into account first. In most cases, the child remains with the mother, and the father simply pays for his maintenance. But sometimes it also happens that people do not come to a common opinion about which of them the baby will live with. In this case the divorce is significantly delayed and is considered in the city court.