Stay in a marriage requires the consent of the joint residence of both spouses. So if one of them wants to divorce, he has every right to do this, even if the other spouse does not agree to a divorce. The implementation of the divorce is still possible even if the couple has minor children.

Grounds for divorce


The reluctance of one of the spouses to continue living together from the point of view of Russian legislation, is sufficient grounds for termination of marriage. However, it should be borne in mind that the Family code of the Russian Federation, registered in the laws of our country under No. 223-FZ of December 29, 1995, provides for two primary methods of registration of dissolution of marriage.

The first of them - the execution of all related legal formalities directly in the organs recording acts of civil status. However, it is necessary to take into account that this more simple method is applicable only in the case if you expect the divorce the spouses do not have minor children, and they both agree to divorce.

While article 21 of the Family code of the Russian Federation provides that in the case of the specific situation of at least one of these conditions is the presence of minor children or the lack of consent of one spouse to divorce you need to carry out the procedure of divorce in a judicial order.

The order of dissolution of marriage


If one spouse does not agree to divorce, the other spouse may apply to court with the requirement about divorce. However, you must keep in mind that in this situation, especially if there are children, the court is likely to take measures to try to reconcile the spouses and to avoid divorce. For example, he may postpone the hearing for up to three months, providing men and women an opportunity to clarify the existing differences.

If in the given court term spouse who wants a divorce does not change its decision, the court will proceed to the consideration of the case. However, he will take into account the legitimate rights and interests of children, to determine with whom and under what conditions they will live, what will be the size of the alimony paid by non-resident with children, spouse, and other aspects directly related to the rights of minor children when parents divorce.

In the case that the initiator of the divorce, the husband acts, it is necessary to take into account that the fact of pregnancy of the wife imposes certain restrictions on the ability of dissolution of marriage. So, he could not file the respective application to the court in that period until she bears a child, and during the year after his birth.