It is a rare marriage, even one concluded out of great love, that is not tested by life. Spouses who have experienced a crisis come out of it in different ways: some save their family, others decide to separate.
Official relations between spouses arise only in the registry office, but they can be terminated in accordance with the norms of Chapter 4 of the Family Code of the Russian Federation (FC RF) and the law “On Acts of Civil Status” both in the registry office and in the court of general instance. Divorce options will directly depend on certain factors:
- presence of minor children
- readiness for a peaceful resolution of divorce issues
- property claims
Therefore, the parties to the marriage relationship must have grounds for its termination.
On what grounds can a marriage be dissolved through the registry office?
The sooner the spouses decide to separate, the easier the divorce procedure is. Couples who do not have children and have decided on their own property issues can divorce their marriage without going to the courts. To do this, it is enough to submit an application to the registry office, which in a couple of visits will free the husband and wife from the “chain of Hymen” administratively.
The termination of a marriage relationship is formalized through the civil registry office at the place of residence or where the marriage was registered.
The grounds for termination of family relationships include:
- application of the husband or wife, filed separately or jointly;
- death of husband, wife or official declaration of one of them as dead by a judicial authority;
- recognition of a previously concluded agreement as invalid due to its fictitiousness;
- submitted by the guardian of one of the spouses recognized by the court as incompetent, a corresponding application.
Important! If one of the spouses has died or has been declared deceased by a judicial authority, the marriage union is dissolved from the date of registration of death or the date of entry into legal force of the court decision. There is no need to specially formalize the termination of the marriage relationship after this
If a person was declared dead due to a long absence from his place of residence, but the fact of death itself was not recorded, then in accordance with Article 26 of the RF IC (clause 1), if he appears at home, the marriage is restored on the basis of a jointly submitted application of the spouses by court decision , which automatically overrides the previous decision. If the second spouse entered into a new marriage during the absence of the missing party, then in accordance with Art. 26 of the RF IC (clause 2) a previous marriage cannot be automatically restored. To do this, the spouse must first dissolve the new marriage and then ask the court to register the old marriage.
The grounds for divorce may vary.
It is possible to officially separate through the registry office even if you have minor children, but only on the following grounds:
- incapacity of one of the spouses;
- he was declared missing;
- conviction of the spouse for a term of more than 3 years.
How to separate peacefully in case of divorce
Divorce, regardless of the reasons, is a difficult event for both spouses. It is quite difficult to maintain a good relationship; it is recommended not to put pressure on your husband or wife, to behave adequately and tactfully, and not to stoop to insults. Maybe the partner will begin to behave abnormally, extremely aggressively, manipulatively, but there is no need to be provoked. After some time, everything will return to normal, then it will be possible to maintain neutrality.
You can directly tell your ex that the reasons for the separation do not allow you to continue cohabitation, but the desire to communicate and be interested in each other’s affairs remains. The partner will support this initiative or ignore the proposal.
What grounds will be valid for a divorce through court?
To obtain a divorce, the plaintiff must provide the court with compelling reasons why the marriage cannot be preserved. In accordance with the provisions of Article 17 of family law, the most compelling grounds that may serve for the dissolution of a marriage include:
- abuse of alcohol or drugs by a man or woman and unwillingness to be treated for these serious diseases; If the spouses have small children in such a situation, this can lead to danger to their health or even life;
- immoral behavior of one of their spouses, leading to constant stress for the second and their joint minor children;
- neglect by the spouse of obligations to financially support the family. This is especially true during the mother’s pregnancy and the child’s infancy. At this time, a woman is not able to provide herself and her child with money and acquire the necessary material values;
- personal (cooling of relationships, disrespect for spouse, lack of trust, hostility;
- sexual (betrayal, disharmony, lack of attraction).
Moreover, if the divorce process involves deeply personal issues that the spouses are not ready to share, they can be considered in a closed court session.
All these cases are valid grounds for divorce in court.
Important! It should always be remembered that a marriage is concluded on a voluntary basis, therefore no one under any circumstances has the right to force a man or woman to live together. Divorce in such a situation will sooner or later take place actually and legally
Social reasons and factors provoking divorces
Social trends and processes cannot but leave their mark on the institution of the family. And although this is not a direct influence, but an indirect one, I could not ignore it. Let's figure out what factors can provoke such a huge number of divorces.
- Propaganda of childlessness
The motto of modern youth is to live one day at a time and don’t worry. Everything that does not fit into this doctrine - namely, any responsibility, hard work, moral and ethical principles - is considered harmful and destructive. We see how the idle and selfish lifestyle is idealized in films, modern literature and show business.
Naturally, there is no place for children in such a picture of the world. And childless marriages break up much more often - this is a fact confirmed by statistics. The total number of divorces is 65%.
- Exaggeration of the role of sex in people's lives
Sexual stimuli today lie in wait for us everywhere - on the street, on TV, on the radio, on the Internet; the only place you can hide from them is in a kindergarten or church. Particularly “progressive” sections of society constantly strive for sexual liberation, although there is no room for liberation.
Against the backdrop of such aggressive brainwashing, married people begin to feel somewhat damaged and deprived, because marriage imposes certain restrictions on male and female libido. They begin to look with envy at their single friends and come to the conclusion that they did not have time to have fun. And having escaped to the long-awaited freedom, as a rule, they bitterly regret the broken family.
- Body cult
First of all, of course, women's. The deification of girlish beauty has always taken place, but today it has acquired completely grotesque forms. It’s a paradox, but it is the fair sex themselves who suffer from this state of affairs first of all.
A woman loses her external attractiveness before a man - the birth of children leaves its mark, sad as it may be. Closer to 40, she can no longer compete with young girls for the attention of the opposite sex, while the target audience of men, on the contrary, is expanding. Having reached his fifth decade, he can be a desirable gentleman for both a twenty-year-old and a fifty-year-old lady.
When young photoshopped beauties with perfect bodies look at him from Instagram pages, he begins to critically evaluate his wife. All her services to him and the years spent together fade into the background. It is at this age that men often leave their wives and demand a divorce.
In what cases should the judicial authority not be interested in the reasons for the dissolution of a marriage?
In accordance with the norms of Article 22 of the RF IC, marriage relations are terminated first of all if the spouses decide that further life together is inappropriate and impossible, primarily for the reason that the relationship between a man and a woman will contradict the interests of their children minor age.
Based on statistical data, family life ends in 70% of cases due to financial problems, infidelity or abuse of alcohol and drugs by one of the spouses. If the parties express mutual consent to divorce, then the judicial body, within a month from the date of registration, considers their claim, without finding out the real motives for terminating the marriage. Even if the parties have minor children, but agree to dissolve the marriage relationship, the court in such a situation will act as a registry office. In this case, the judge will not have to find out the reasons why the parties want to annul the marriage and take measures to reconcile them. In accordance with the provisions of Article 23 of the RF IC, the court is obliged to satisfy the demands of the parties without clarifying the reasons for the divorce.
Why are some women afraid to divorce their husbands?
Divorce is stressful and saying goodbye to your usual way of life. This scares many women. As a rule, they are afraid of the following:
- Many mothers do not want to feel guilty for depriving their children of their father, and are ready to tolerate an unloved husband for the sake of the children’s happiness.
- Relatives and friends, not knowing all the circumstances, may take the husband’s side. A woman is afraid to be left isolated, without the support of loved ones, alone with her misfortune.
- Even if there are plenty of reasons to divorce her husband, the fear of being left without money will stop the woman. Material wealth is one of the main obstacles to separation, especially if the husband fully provides for the family. With the help of this tool, a man often manipulates his wife and puts pressure on her. However, there are women for whom the situation of lack of money is not a reason for fear, but for looking for work and professional self-realization.
- Fear of loneliness can also prevent a woman from putting an end to her relationship with her unloved husband. But we must remember that divorce does not mean loneliness. On the contrary, it gives freedom in the search for true intimacy and love.
The reasons for divorce can be subjective or objective, but in any case it is a test for the whole family. When a marriage breaks up, both parents and children have to say goodbye to their usual way of life and look for new support for building a happy future. It’s good if the spouses find the strength to remain friends after separation and not remember bad things, so that past grievances and feelings of guilt do not affect their new life.
Thank you for reading this article to the end.
Hello, my name is Yaroslav Samoilov. I am an expert in the psychology of relationships and over the years of practice I have helped more than 10,000 girls meet worthy soul mates, build harmonious relationships and return love and understanding to families that were on the verge of divorce.
More than anything, I am inspired by the happy eyes of students who meet the people of their dreams and enjoy a truly vibrant life.
My goal is to show women a way to develop relationships that will help them create a synergy of success and happiness!
In what cases is a marriage declared invalid by the court?
Due to ignorance of the norms of family law, it is possible to confuse the grounds for invalidating a marriage with the grounds for dissolving a marriage. Any marriage between a man and a woman can be dissolved, but not every marriage can be declared invalid.
The grounds for the nullity of a transaction between a man and a woman include:
- deliberate concealment of information from one of the parties about the state of their health;
- concealment of other essential information provided for in Articles 12-15 of the RF IC.
To avoid problems during divorce, you should seek help from a specialist.
Possibility of dissolving a marriage without the prior consent of the other party
In accordance with Article 19 of the RF IC, the civil registry office has the right, taking into account a number of significant and mandatory reasons, to dissolve the union between spouses without the prior consent of one of them.
Such circumstances include:
- recognition of a husband or wife as incompetent by decision of a judicial authority on the basis of a procedure carried out in accordance with the norms of Articles 281-284 of the Code of Civil Procedure of the Russian Federation;
- recognition of one of the spouses in court in accordance with the provisions of Articles 43 and 44 of the Civil Code of the Russian Federation and Art. 280 Code of Civil Procedure of the Russian Federation for the deceased;
- conviction by a court of one of the spouses for a crime committed to imprisonment for a term of more than three years.
If the husband or wife provides one of the specified evidence to the registry office and confirms it with documents, then the marriage is dissolved without identifying additional reasons. The presence of common underage children will not be an obstacle.
What factors are not valid arguments in favor of dissolving a marriage?
If one of the parties is against divorce, and the second files a lawsuit, justifying its actions with arguments such as, for example, different characters or simply unwillingness to continue living together, the court, in order to preserve the family, may not accept these frivolous arguments as weighty and give to the spouses in accordance with paragraph 3 of Art.
22 RF IC time from one to three months for reconciliation. Any arguments of the spouse presented to the court to justify the divorce cannot be accepted by the court as valid if his wife is pregnant or they are raising an infant under 12 months. In this situation, in accordance with the provisions of Article 17 of the RF IC, the spouse’s statement of claim will not be accepted at all. Divorce in this situation is possible after the specified reasons disappear or if the woman herself is the plaintiff.
Spouses must understand all these nuances if they wish to file an application with the registry office or a lawsuit in court for divorce and simultaneous collection of alimony. That is why it is best to entrust such work to an experienced family relations lawyer, who will prepare the necessary documents and correctly substantiate his client’s arguments, which will lead to a quick and psychologically painless completion of the divorce process.
Several secrets of family happiness
And of course, where would we be without advice! We asked a psychologist to share the secrets of true family happiness, thanks to which a marriage can not only be preserved, but also bring a lot of pleasant moments into it.
“First of all, you need to learn how to resolve conflicts correctly. One way or another they will be present, because this is life. But if you learn to talk, communicate and listen to each other correctly, then serious offenses will be avoided.”
As another option, the expert suggested creating as many traditions, holidays, trips, picnics and generally pleasant moments in the family as possible, thanks to which all family members could get together and have a good time. Such moments not only bring partners closer together, but also have a positive impact on the overall perception of family life.
It is also important to monitor your intimate life, not lose emotional contact with your partner, look for common activities and interests, praise and always try to support each other. Then family life will be harmonious and truly happy.
