20 Jun Divorce – to the registry office or to the court?
The life of most married couples, no matter how sad, does not do without situations in which the possibility of further life together is called into question. And if the family preservation for spouses is not possible, measures are taken to divorce. However, it should be borne in mind that this procedure can take for a long time and cause a number of issues regarding the legal subtleties of divorce. ServiceSrastorzhenie-Braka-Yurist-Po-Brakorazvodnym-Prostssam
Many people believe that to divorce marriage is enough to contact the registry office. This is so, but such a procedure is possible only if none of the spouses have objections to the divorce, and they have no common minor children, or there is a section of the property of the spouses ServiceSrazdel-Imushchestva-Suprugov-Pri-Razvode. However, there are more often cases when the divorce proceedings are carried out in court. For example, someone from a married couple considers it possible to save the family. In this case, the court reveals the causes of the divorce, considers the positions of the parties on the issues of the possibility of reconciliation and, as often happens in practice, gives the spouses a delay for a while, so that they finally decide whether they should maintain relations. If the husband and wife have not come to understanding, the decision to divorce is made in court.
Another reason requiring a judicial consideration of the issue of divorce is the presence of a family couple of a common minor child. However, there are exceptions. In accordance with Part 2 of Article 19 of the Family Code of the Russian Federation, it is possible, at the request of one of the spouses, to dissolve the marriage in the registry office in some cases. These include, in particular, situations when a court of another spouse was recognized as incompetent or missing, or for committing a crime was sentenced to deprivation of liberty for a period exceeding 3 years.
In all other cases, if the family has a minor child, divorce can be carried out only in court, while the presence of consent to divorce between spouses does not matter. There will be only one difference that if the spouses do not have objections, the motives of divorce by the court will not be considered by the court. If someone from a married couple does not agree to divorce, the procedure described above is applied, which determines the possibility of reconciling spouses and preserving marriage.
As a rule, divorce cases are considered by justice. However, in some situations, the divorce proceedings are sorted out in the federal court – district or city. Such cases include a dispute about children between spouses, that is, the solution of the question with which of the parents the child will stay after the marriage is terminated, and how the child’s communication with another parent will take place. By law, spouses have the opportunity to agree on this issue themselves, however, if this does not work out for certain reasons, the decision will be made by the court.
The interests of the child are that which is primarily taken by the court into account when making a decision in a dispute about children. As often happens, each of the parents believes that the child should stay with him, since only he can provide him with the right upbringing, which, however, may absolutely disagree with the second parent. Court case – to determine what will actually be more useful for the child. Many factors are taken into account here, including the level of parents’ income and their housing conditions, the removal of the place of residence or the work of parents from the place of study of the child, the attitude of parents to the child and his attitude to them, as well as many other points. At the same time, considerable importance is also given to the child’s opinion, and if the child has reached 10 years, the court is obliged to take into account his desire. If the court cannot accept the opinion of the child, he must argue the reasons for disagreement in the decision made. Such cases are considered by the court with the participation of representatives of the guardianship and trusteeship bodies. They make their conclusion, which often turns out to be a decisive factor for making a decision.