The current Family Code of the Russian Federation contains a rule that in some cases restricts the right of a husband when he may be refused a divorce. According to Article 17, the husband should not file for divorce during pregnancy of the wife and after the birth of the child within a year without the consent of his spouse.
When a divorce is refused
This rule is adopted to protect the interests of the mother and child, so there are no exceptions to the rule here. Also, a husband can not file for divorce when a child who has not reached one year and lives with his grandparents, separately from his parents.
This rule will also apply in the case when it will be established that the husband is not the father of the child. In this case, the law does not make exceptions, since it is known that divorce-related experiences and divorce itself can be bad for the health of the child and mother. It is difficult to imagine that the house will be calm, if the husband at the request of the law should be married to a wife who did not keep marital fidelity. One can only hope that the wife, under the guise of the law, will act wisely and will not keep her husband in marriage. Then the probability of the child growing up in a calm environment will increase significantly.
A husband should not file for divorce if the child has died, has not reached the age of one year, or was born dead. Because a woman who has lost a child is in a difficult psychological state and needs protection from stressful situations.
In order for a husband to initiate a divorce case after the birth of the child during the first year of his life or during pregnancy, the wife must give her consent to the divorce, which she must express in writing.
If it is supposed to make a divorce in the registry office, it is necessary that the wife, together with her husband, apply for divorce. On the husband's application, the wife should simply make the inscription that the wife does not object to the divorce. If there is no joint statement of the spouses or the corresponding inscription on the application is not made, the registrar's employees refuse the man to accept such a statement.
When a husband applies to a court for divorce, the wife makes an inscription on her husband's statement of claim or appends to the case the statement that the husband does not object to the dissolution of the marriage. All that Russians need for a divorce is to obtain the consent of the spouse for a divorce. There are situations when for one reason or another the wife refuses to consent to a divorce. Someone hopes that you can save the family, that not everything is lost and at first tries to keep the husband with the help of the child. Someone does not want to let her husband regain happiness with another woman and goes to the principle. Someone is afraid to be alone without material support. For all women, the reasons for the refusal may be different. It is necessary to reach out and explain to women, the futility of further relations, but hostility makes wives deaf to different arguments of husbands.
In this situation, some men resign themselves, others to influence the decision of the wife turn to the family lawyer. A lawyer can understand this situation and show the benefits that a divorce brings to a woman, dispel all her fears, answer questions about the material maintenance of the child and wife. She will help her to see that the man is not going to maintain further relations with her. And it will be better to leave, and not to keep it by force. Although her husband used to say this before, but was not heard. But a correct and courteous lawyer has more chances to bring to the mind of a woman reasonable arguments and will be able to overcome her hostility.