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

The dissolution of the marriage 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

Article 21 23 of the Family Code of the Russian Federation

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, 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 wantto 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. At the same time, 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 againstthe termination of family relations, the judicial body has the right to give 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

Article 21 of the Family Code of the Russian Federation with comments

In a situation where a husband or wife does not mindtermination 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.

Under the evasion of the joint transfer of an application toThe registrar should understand 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 stipulated in Section 2, Art. 21 of the Family Code of the Russian Federation.

Order of

Article 21 of the Family Code of the Russian Federation

In order to stop marital relations, oneof the spouses must submit a relevant application (lawsuit) to the judicial authority. 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 (onefrom spouses) can use the right and apply at the place of their registration. This is allowed in cases where a child lives with him or because of his state of health the latter can not come to the judicial authority of the settlement where the defendant is located. If the spouses live in the same city, then there will be no problems.

Hearing on the case is appointed not earlier than four weeks after the date of submission 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 fee, which is 600 rubles.

Documentation

Article 21 of the 24th Family Code of the Russian Federation

Divorce in court is a rather 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 of 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 fee.

What is stated in the law

In the case when people have children, but theyagree 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.

A husband and wife can provide a document,Determining 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 carried out in court, if one of thethey do not agree to the dissolution of the marriage. This rule is established 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

Article 21 of the 22nd Family Code of the Russian Federation

The dissolution of the union of two people will be carried outin 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.

A husband can not file a claim for the dissolution 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.

Resolution of issues

p 2 st 21 of the Family Code of the Russian Federation

If a husband and wife have children who do not have 18years, the termination of the marriage union should be made in a judicial order. 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 in a divorce in court, these issues were not resolved by the husband and wife on their own, the court must consider them. Legislatively, this is provided 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

Family Code of the Russian Federation 21 22 23

Divorce of spouses in court is made cases,when they have children under the age of 18, and also in the absence of consent to the termination of marriage from one of them. The Family Code of the Russian Federation speaks about this. 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);
  • 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 authority must find outall the circumstances that pushed one of the spouses to such a responsible step. In addition, it is necessary to clarify all the reasons that contributed to the formation of conflict in the family. Sometimes it happens that the husband and 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 not everything is lost in their life together, and they will continue their joint living together.

The situation is different, so that people for a long timedo 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, unless the other objectes to the termination of the marriage.

Most often, the dissolution of the union in the judiciaryis 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, divorce is significantly delayed and is considered in the city court.

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