Divorce between spouses
If there is a common minor children divorce is possible only in court (except in cases of dissolution of marriage with persons recognized by court as missing, legally incapable and sentenced to imprisonment for a term exceeding three years) regardless of whether I agree or not both spouses on the dissolution of their marriage. The latter only affects the judicial process of divorce. The marriage is dissolved by the court where the obvious disintegration of the family, maintaining that marriage is not in the interests of the spouses themselves, their children or society. The court’s handling of cases of divorce between the couple is in the procedure of action proceedings, the established code of civil procedure code. The suit for divorce shall be presented to the court at the place of residence of the spouses if they live together, or spouse of the defendant, if they live separately. The suit for dissolution of marriage with the person, place of residence unknown, may be brought on the plaintiff’s choice or at the last known place of residence of the defendant, or at the location of his property. In the case where the plaintiff are minor children or when a health check of the plaintiff to the defendant’s place of residence seems to be difficult for him, the suit for dissolution of marriage may be filed at the place of residence of the plaintiff. SC code establishes two different judicial procedures for cases of divorce between spouses. The use of one or the other depends on the presence or absence of spouses consent to the divorce.
The divorce between the spouses in the absence of consent of one of them on divorce in these cases, the court should determine that the continued cohabitation of the spouses and the preservation of the family have become impossible, i.e. to establish the fact of the breakdown of the family, exploring the reasons that led to this. Various sociological studies show that the motives for initiation of proceedings for divorce are the constant quarrels and conflicts in the family, immoral behavior of one of the spouses, drunkenness, adultery, etc. the Majority of suits for divorce contains the standard motive is the diversity of characters. RF IC does not contain any list of circumstances under which a marriage may be dissolved. The marriage is dissolved, if the court establishes that the aforementioned and other circumstances have led to further joint life of spouses and family preservation became impossible.
If the court comes to the conclusion that the suit for dissolution of marriage has come to a premature and have the ability to save his family, he may adjourn the hearing and fix a time-limit for the reconciliation of the spouses within three months. The reconciliation of the spouses leads to stopping divorce. If conciliation did not produce results and at least one spouse insists on a divorce, the marriage is dissolved. The court in these cases not be entitled to make a different decision (refusal to divorce), even if the conviction that this family can still be saved. Of course, it is important to keep the family together, but at the same time, it is impossible either by law or by a court decision to force the spouses to live together, if they (or one of them) they don’t want it. Maintaining that marriage is incompatible with the interests of both the spouses and their children. This position has received a legal basis in the RF IC.
In those cases, when the marriage is dissolved, the court, upon the request of the spouses (one of them) simultaneously issues arising out of the termination of the joint life of the spouses: children, division of common property, property, means of spouse. The issues related to the fate of the children: their place of residence (mother or father), on the payment of funds for their maintenance, the court must decide, and in the absence of relevant requirements of the divorcing spouses, if they have not reached on these matters agreement or their agreement, the court held, contrary to the interests of the child.
The divorce between the spouses by mutual consent of the spouses on the dissolution of marriage is the mutual consent of the spouses for divorce is a confirmation of the breakdown of the family, so the court in these cases the sets are not family breakdown, and the presence of voluntary and informed consent of the spouses on divorce. The motives of divorce not being investigated and conciliation procedure does not apply, but the interests of minor children in the divorce of their parents should be protected by the court. It is this latter circumstance is the basis for the classification of cases of divorce (with the consent of both spouses on divorce) the jurisdiction of the court. In order to ensure the interests of children, spouses before the court can agree on how they will be after the divorce to solve the issues of upbringing and maintenance of their minor children. If the spouses have not reached agreement about who of them after the divorce will accommodate children and about the procedure of disbursement of funds for their maintenance or if the agreement reached, the court held, violates the interests of the children, the court is obliged (at the request of one or both spouses or by their own initiative) to resolve these issues and to take its decision. Thus, the interests of the children placed under the control of the court. The court also shall, at the request of the spouses (or one of them) to divide their common property and to collect funds for the maintenance of a spouse who is legally entitled to receive them.
The time of the termination of marriage and the consequences of its termination
The importance for safeguarding the rights and legitimate interests of the former spouses has the definition of the moment of termination of the marriage. The marriage dissolved in the registry office, shall cease as of the date of the state registration of dissolution of marriage, i.e. from the day of the Assembly record of dissolution of marriage. The marriage terminated in court, shall be deemed terminated from the date of entry of the judgment for dissolution of marriage in force. However, the law contains a very significant caveat: the former spouses may not remarry until receipt by the civil registry of the certificate of dissolution of a previous marriage, i.e., before its state registration.
Legal consequences of divorce between spouses apply only to future time. The result of divorce is the termination of the personal and property relations of the spouses, except for certain rights and obligations specified in the law. So, the former spouse (ex-spouse) has the right to keep the name assigned to him in marriage. The consent of the other spouse is required. The former spouse is entitled under certain conditions to obtain money for maintenance (alimony) from the other spouse. Termination of marriage shall not entail the termination of legal relationship between parents and children.