A period of up to three months for reconciliation of spouses may be given in case of divorce in court. In this case, a prerequisite is the lack of consent of one of the spouses to terminate the family and marriage relationship.
Instructions
Step 1
Family law provides for a special period for reconciliation of spouses who have expressed a desire to dissolve the marriage. This period is due to the state's desire to ensure the restoration of the family and the preservation of family and marriage relations.
Step 2
If the spouses do not have common minor children, and there is also mutual consent to divorce, the corresponding procedure is carried out in the registry office. In this case, the period for reconciliation is only one month, which is counted from the moment of filing a joint application for termination of the marriage.
Step 3
In court, a marriage is dissolved in the absence of mutual consent to terminate family relations between the spouses, as well as in the presence of minor children. In any case, the law requires the court to make a decision on the termination of the marriage only when there is confidence that the preservation of the family and the subsequent life of the spouses are not possible.
Step 4
Granting a time limit for reconciliation of spouses is a court right, not an obligation. Depending on the specific circumstances of the case, the court may not exercise this right if it finds that the provision of such a period does not matter.
Step 5
Family law allows the court to grant any period of conciliation that falls within the prescribed time limit of three months. This means that court hearings may be repeatedly postponed, since the judge considers it possible to preserve family relations. However, the total period of the proceedings should not exceed 3 months, since this is the maximum period set.
Step 6
If all possibilities for reconciliation have been exhausted, and the period provided for by law has expired, the court shall grant the application for divorce. To make such a decision, the consent of both spouses is not required, the expression of the will of one of them is sufficient.
Step 7
Even if there is confidence in the impossibility of reconciliation of the spouses, the court has no right to dissolve the marriage before the expiration of one month from the date of filing the application. The specified period is the minimum period for reconciliation, for the solution of all problems by spouses, therefore it is provided in all cases of termination of family relations. If the spouses insist on the termination of the marriage, the court, in the adopted act, resolves issues related to the division of common property and the further fate of minor children.
