In what cases there are good reasons for divorce. What reasons for divorce should be indicated for the application

05.09.2019

Unfortunately, not every marriage is durable and unique, and often couples who have previously entered into an alliance decide to terminate official relations. The simplified procedure for divorce implies the joint submission by the spouses by mutual consent of the corresponding application to the registry office, but there are situations in which the dissolution of a marriage in court is simply necessary. The main reasons why a divorce is carried out in court are:

the presence of controversial, jointly acquired property;
minor children;
unresolved issue of custody of children;
the existence of a dispute on the payment of funds for the maintenance of an incapacitated spouse.

If the dissolution of the marriage relationship occurs by mutual consent, and the spouses have no legal restrictions prohibiting such a form of divorce, the Family Code of the Russian Federation does not impose the obligation of the party to indicate the reason. The registry office is also not empowered to require spouses to indicate the reason for the divorce, but only register the fact of the termination of official relations.

Any statement of claim must contain the motivation part of the plaintiff. In other words, the applicant is obliged to reasonably state his position, and justify why the concluded union should be terminated, given, provided that it was not possible to agree on a voluntary procedure with the other spouse.

The main task of a judge is to establish an objective picture, and to study all the circumstances that led to the need to file such a statement of claim.

Based on the facts and evidence provided, the judge makes a reasoned decision, according to which the plaintiff can be denied or satisfied in the claim.

Another question is what reasons for divorce can be indicated in the divorce lawsuit so that the judge takes the side of the plaintiff.

Reasons for the statement of claim

The plaintiff decides what reasons for the divorce to indicate in the claim, and the law in the wording does not limit it in any way.

Judicial practice identifies the main reasons for divorce for a claim in divorce proceedings:

personal;
household;
of a material nature (the husband is not able to provide for his family);
treason;
intimate.

Personal

Human relationships are so multifaceted that it is simply impossible to immediately identify any personal repulsive traits or qualities in a spouse. As a rule, personal reasons can be fading of feelings, manifestations of a feeling of neglect or systematic disrespect for each other.

It is important to understand that streamlined and general wording is suitable if the subject of the dispute is only the dissolution of the marriage relationship, while there are no claims of a property nature, as well as the absence of joint children, otherwise the court will require a detailed specification with evidentiary justification.

The main thing is that the statement of claim contains enough facts and grounds that will be considered by the court in order to make an appropriate decision.

The court will evaluate all evidence according to its own conviction, taking into account the norms of the law. Each party must present evidence in its own favor.

Article 22 of the Family Code provides for the possibility of divorce if the court finds it impossible to continue the further life of the spouses.

Household

Domestic reasons occupy a significant part in the statistics of divorce cases. Everyday life together often makes adjustments in the relationship, in which the parties "grind" to each other. At this stage, the "negative" aspects of your companion or companion can also be identified. Among the household reasons for divorce can be:

alcohol or drug abuse by one of the spouses;
hobby for gambling or hobby for lotteries;
persistent mental disorder;
ignoring or neglecting to participate in the upbringing of children;
everyday brawliness.

In accordance with Art. 166 of the Civil Code of the Russian Federation, to recognize the invalidity of a voidable transaction, a court decision is required, and the nullity of the transaction does not depend on the availability of a court decision, since it is invalid already from the moment of its conclusion. Regulation of legal relations between the parties to the agreement is carried out according to the general rules of civil law provided for transactions , taking into account the peculiarities of family law.It is important in each case to try to document the facts that led to the need to break off the relationship. For example, if the reason for the divorce is alcoholism, it will not be superfluous to attach a certificate from a medical institution or collect supporting explanations from neighbors or loved ones.

Material nature (the husband is not able to provide for the family)

Disorders in the family can also begin due to a lack of desire to work, which, subsequently, leads to the dissolution of the marriage. Few people like it if the husband does not provide for the family, and deliberately refuses to get a job to meet the daily needs of life.

Often, the lack of desire to work is the result of such reasons as alcoholism, drug addiction or release from prison. A good evidence in court will be the request of the judge to demand from the unemployed spouse to provide documents that refute the words of the plaintiff, and as a rule, he will not have them.

Treason

Cheating is a good reason to end a marriage. The very fact of this kind of betrayal, in most cases, makes it impossible for the further development of relations and living together. However, the delicacy of such a reason makes one wonder whether it is worth pointing out treason as a reason.

Divorce proceedings are usually held openly, and it is not at all necessary for strangers to know the details of personal life. In such situations, it is better to avoid a clear wording, and generally indicate that living together and developing family relations is impossible.

Intimate

Sexual relations are the norm in a complete and healthy family. However, in this direction of family life there may be problems. One of the reasons for divorce may be sexual dissatisfaction with each other, or, conversely, excessive demands from a partner, which may contradict generally accepted rules of morality and ethics.

It is important to understand that the Family Code does not regulate the intimate relationships and sexual life of spouses at a normative level. Therefore, in order to avoid funny and problematic situations in the formulation of the motivational and operative part of the judge's decision, it is better to indicate in the application that the spouses did not agree on characters, interests and preferences in all spheres of family life and everyday life.

Official reasons for divorce

In accordance with Art. 166 of the Civil Code of the Russian Federation, a court decision is required to invalidate a voidable transaction, and the nullity of the transaction does not depend on the availability of a court decision, since it is invalid already from the moment of its conclusion. In accordance with Art. 166 of the Civil Code of the Russian Federation, a court decision is required to invalidate a voidable transaction, and the nullity of the transaction does not depend on the availability of a court decision, since it is invalid already from the moment of its conclusion. The court will evaluate all evidence according to its own conviction, taking into account the norms of the law. Each party must present evidence in its own favor. 16 of the RF IC contains 2 grounds on which a marriage union can be terminated:

Death or recognition of one of the spouses as deceased.
Submission of the corresponding application for divorce or from one of the spouses.

Part 2 of Art. 19 of the RF IC stipulates that one of the spouses has the right to apply for divorce if the second spouse is recognized by a court decision:

missing;
incapacitated;

In other cases, the registry office (if the decision to divorce is mutual, and there are no other disputes) or the court considers the indicated reasons in the statement of claim individually, the list of which is indicated above.

The most common official reasons for divorce are:

loss of values enshrined in Article 1 of the RF IC;
the presence of negative factors that make the continued existence of the family impossible (alcoholism, parasitism, drug addiction, brawliness, etc.);
the actual termination of family relations, and in some cases the emergence of a new common-law family for the official spouses.

Examples of writing reasons for divorce

Personal

“I ask you to dissolve your marriage with AA Alexandrov. due to the fact that for a long period of time the feeling of mutual love and understanding has been lost in our family. Living together and further living is not possible, and leads to constant quarrels and scandals, which negatively affects my health and leads to a depressive state. "

Household

“For the past 2 years I have been living in an official marriage with A.A. Aleksandrov. Over the past year, our relations have deteriorated significantly. The husband began to abuse alcohol, as a result of which he was fired from his job. I have to work alone in order to be able to purchase everything I need for home and food. The spouse does nothing to get a job and get rid of the habit of drinking alcohol. Being with this person, I see that he degrades and becomes an asocial person. I am not satisfied with such a marriage, so I ask you to dissolve my marriage with this person. "

Material nature

“My official husband is A.A. Alexandrov. leads an antisocial lifestyle, refuses to work and earn money for our family. All the material burden is laid on my shoulders, I alone cannot feed a healthy man who simply does not want to work. Moreover, there is an underage child on my support who requires material costs. I am asking you to dissolve the marriage with this person. In support of my words, I provide a copy of the work book with a record of the dismissal, as well as explanatory notes from neighbors. "

Cheating and intimate

“My husband, with whom I have been married for more than three years, all this time had an informal relationship with another woman, which I learned from his correspondence on the social network. Moreover, I have witnesses who provided information in writing that my spouse was often seen leaving the entrance of the house where his close friend lives. The further preservation of the family cannot be, in principle. Please dissolve our marriage. "

You may be interested in the following articles on this topic.

The reason for the divorce is always required. But what should be indicated? Is it possible to remain silent about the true reason? How to correctly indicate the reason so that the judge does not have additional questions? Let's consider these issues in more detail.

Reasons in the statement of claim

In fact, in the statement of claim, our citizens prescribe a variety of reasons. But, nevertheless, they are usually attributed to a certain subgroup. Today, the reasons may be:

everyday character. Such reasons include an addiction to alcohol or drug addiction, lack of help from one of the spouses in cleaning the apartment, and so on;
material nature. These include: passion for gambling, lack of money, and so on. In simple words, all the reasons that entail family money issues;
private... This group includes: the unwillingness of one of the spouses to pay due attention to themselves in terms of hygiene, the lack of desire for further married life. Moreover, men often point out for personal reasons “the discrepancy between the figure of the beloved and his interests” - no matter how funny it sounds, but in practice it also happens;
reasons related to the violation of the current marriage contract. Everything is simple here - violation of one of the clauses of such an agreement may lead to a break in relations;
and even of a sexual nature. This group includes: dissatisfaction with the sexual needs of one of the spouses, unwillingness to fulfill any sexual fantasies of the second spouse, and so on.

When specifying the reason for the divorce in the statement of claim, it must be remembered that this reason must be clearly clear to the judge who is considering the case. If the divorce is associated with a violation of the marriage contract, then the clause that was violated by the opposite party should be indicated.

You never need to state the reasons - "for personal reasons" or something similar. If one of the spouses drinks, it should be written “due to alcohol abuse”.

It must be remembered that the more specific the reason for the divorce, the fewer questions will arise in court.

What do they usually indicate?

Today, alcoholism is one of the most common reasons that are indicated in the statement of claim. At the same time, to a greater extent, as it turned out, this reason is indicated in the statement by the husbands, whose wives abuse alcohol.

If we talk about the judge himself, then he perceives this reason as one of the most significant, since a person prone to this habit is often depressed, or being intoxicated by a spouse or spouse can harm the second spouse.

In second place is treason. Moreover, it has been established that this can occur in 90% precisely in the first few years of marriage.

After these reasons, they usually indicate a reluctance to work as one of the spouses, or a refusal to run a common household (one of the spouses completely ignores the solution of domestic issues: does not help around the house, does not give wages to the family budget, and so on).

What should not be listed as the reason for the divorce?

Often married couples in the reason for divorce indicate sexual dissatisfaction. But, as judicial practice shows, such reasons are not enough when oud are taken into account, in simple words, such a reason is simply ignored.

Sexual dissatisfaction should not be given as a reason. If there is a place for this to be, it is necessary to concretize - that is, what exactly does not suit you.

In addition, it is not worth giving reasons such as:

I am not satisfied with how my husband or wife brushes their teeth;
the wife said that I did not satisfy her;
the spouse does not want to have oral sex;
the spouse or spouse is absent from walking on the street with their children;
on weekends he constantly goes fishing with his friends.

As a rule, the above reasons are not considered in court as weighty, and the judge may reject the statement of claim.

Reasons for divorce for the court

In the event that the spouses nevertheless intend to divorce, they can do this, relying on article 22 of the Family Code of the Russian Federation.

According to this legislation, the following can be indicated as the reason for divorce: “The feeling of love and respect was lost, for this reason we no longer see the point of living together. We ask the court to divorce us in order to be able to formally establish a new relationship and arrange for each of us his own personal life. He considers divorce to be the only way out of this situation " .

As a rule, such wording is sufficient for the court to decide on the divorce of a married couple.

Reason formulation

At the same time, it is worth remembering that there are other formulations according to which the court can decide on a divorce.

In the event that the spouses have been living separately for a long period (more than a month), they have the right to draw up a statement of claim indicating the following reason: “Unfortunately, family life did not work out, we do not live together since such and such a date. We do not run a common household with our husband or wife, he asks us to divorce. Reconciliation between us is impossible ”.

In the event that a married couple has developed hostility towards each other, they should talk about it openly and write in a statement: “Trying to keep our family together is impossible. We ask you to divorce because of personal hostility to each other. ".

What to indicate if the real reason is inconvenient to write?

In fact, any reason can be specified in the statement of claim. This is especially true for those married couples who do not want to indicate the true reason for divorce.

As practice shows, many married couples do not want to indicate the true reason. This can occur due to several factors:

cannot correctly formulate the reason;
or indicate this reason formally.

Frankly, the judge is rarely interested in why the couple decided to divorce. By law, the judge is given a month for reconciliation, and then the official divorce is granted. For this reason, you can indicate anything you want, up to the banal: “We stopped loving each other” or “The spark in the relationship disappeared, which led to a cooling of our feelings”.

Reasons in life

In most cases, ordinary life problems can serve as reasons for divorce. An example of this would be:

lack of desire of one of the spouses to live better;
not wanting to work;
banal alcoholism;
cooling off relations;
one of the spouses met a new love and so on.

In fact, in real life, any situation can lead to a divorce, so it is not worth focusing on this.

General information about the reasons for divorce

So why do people get divorced?

Statistics

40% of all divorces are associated with early marriage. Often married couples were prompted to marry by pressure from their parents. About 15% teach on treason, 10% - because of alcoholism. The photo on the left shows the research of VTsIOM.

Reasons for divorce in Russia

treason;
deterioration in financial condition;
alcoholism;
lack of common interests.

Most common reasons, main reasons

The main reasons for divorce are:

lack of common interests;
political divisions (this reason has become the most popular in the past few years);
lack of moral support by one of the spouses;
leading an immoral lifestyle;
sexual dissatisfaction.

Reasons for Divorce in Islam

The reasons for divorce can be:

material aspect;
prolonged absence of the spouse at home;
having a serious illness;
receiving a prison sentence by a spouse;
adultery.

Reasons for divorce in a modern family

In modern families, the main reasons for divorce can be:

the spouse's refusal to provide financial support to the family;
lies, treason;
regular quarrels and scandals.

Psychological reasons for divorce

This group includes:

frivolous attitude towards marriage by one of the spouses;
lack of common interests, which leads to significant communication between spouses and, as a result, cooling of feelings;
lack of moral support.

Reasons for divorce after childbirth

The main reasons after divorce are:

lack of regular sexual relations;
lack of funds for the child, and as a result - private quarrels;
psychological aspect. Few of the spouses can withstand the cry of a child every night, especially for the first time in his days after birth.

As you can see, the reasons can be varied, and what exactly to indicate, every spouse will think over. Here it is they who must decide what exactly to indicate to them, and what it is better to keep silent about.

The reasons for the divorce on video

Archpriest Andrei Tkachev talks about the reasons for divorce in Russia.

The state seeks to make efforts to preserve marriages. However, they are increasingly common in nature, due to the instability in the country. Often, an alliance breaks up simply because it was entered into under the influence of strong feelings. But the latter quickly passes, and the couple is unable to withstand family trials.

When it comes to termination in court, you will need to substantiate your decision. Unlike the registry office, where the reason can be indicated is simply formal, in the courts the reason must be objective. - a difficult and serious process, and the parties must provide evidence to the court that it is not possible to maintain the relationship.

The reasons are conditionally divided into personal and everyday ones. If it’s almost easier to justify everyday life, then with personal ones, some difficulties arise. The bottom line is that the court will not accept reasons such as:

cannot cook;
the husband is never at home;
does not wash dishes;
arguing with his / her mom.

If the reasons for divorce are based on personal relationships, you need to carefully consider how to reflect them in. It is important to know that the law is based on the fact that the family is built on the exclusive mutual respect and understanding of the spouses.

Therefore, if a personal reason is formulated, it must be presented precisely from such a position for the court to accept the argument. For example, a reason such as the complete disappearance of respect and understanding of spouses can become significant, based on the basis for maintaining a family.

Additionally, it is allowed to list other reasons as auxiliary arguments in favor of the main one. Separately, it must be said about the reasons that relate to the intimate relationship of a couple. Any argument from this area will not be accepted by the court as a motive for termination. Simply because sex is not regulated by law.

The law cannot make a conclusion about the quality of intimate life or other conclusions. Therefore, the “he / she does not satisfy me” argument will result in the court giving time for reconciliation and reconstruction.

But such reasons are accepted if there is no other controversy. That is, the couple simply terminates the relationship, while agreeing peacefully on the division and place of residence of the children.

Household reasons

A household reason is a reason that negatively affects the whole family. One of the parties may get involved in gambling, which drains the family budget. It may turn out that a person suffers from drug addiction, while the family has repeatedly tried to cope with his vice.

If a party uses violence against another or other family members, such acts must be documented. It is possible to present copies or extracts from the protocols of detention, records of summoning orders at the place of conflict. You also need medical documents if there were beatings and injuries. Witnesses can contribute to the evidence base.

Maybe and often sounds in the courts for such a reason as. The bottom line is that a person collects credit cards and spends money on their own needs, bypassing the family. Then banks impose penalties, which leads to different consequences. More often than not, this puts the family at the level of poverty and constant need.

How are household reasons used:

evasion of material support;
infidelity;
physical / mental abuse;
does not provide assistance in raising children;
does not help in solving family financial issues;
spending the family budget on third-party needs.

That is, you need to indicate in the application the reason that makes further relations impossible.

Lack of home as the main reason:

Sexual assault

This is a separate line and article of legislation that is related to restrictions. Such a reason for divorce can appear under different circumstances, but each of them is always painful. This happens in families where a husband or wife (also happens) finds himself with a perverse understanding of sex. In this case, it is necessary to apply in advance to the court with a request that the sessions be held behind closed doors.

It is also necessary to apply with such a petition if the reason is domestic sexual violence against minors. This happens if the criminal court has already determined the punishment for the perpetrator, but now the other party wants to divorce for this reason.

In any case, if there are difficult or piquant moments in the case or reasons, circumstances, the initiator has the right to submit a request for a closed process. This is a protective measure that will keep the family secret, since no outsiders will be allowed into the process.

Divorce documentation

If termination is a mutual decision, everything is simplified, even if it is necessary to go to court. With general consent, the statement of claim is drawn up arbitrarily and more freely. There is no urgent need to fundamentally prove the need for termination. When applying, it is indicated that the decision is mutual.

If a claim is filed at the request of one party, a detailed statement of the situation will be required. It is necessary to provide evidence based on or other evidence supporting the need for termination. So, if in fact the couple broke up a long time ago, the application should state from what time the joint residence was terminated.

It so happens that other families have already been created in fact, which is important to reflect. The statement contains a list of documents attached to the claim:

original passport;
certificate of;
metrics of children, if they are minors;
certificate of the composition of the whole family;
receipt of payment of the required state duty.

If a section is still expected by the court, then it may be necessary to pay an additional state fee, if such a determination is made by the court. According to the circumstances, the list of documents can be supplemented with other certificates and extracts, if required for the process.

Divorce, especially in court, almost always becomes an unpleasant and acute process. The accumulated baggage of mutual reproaches makes it impossible to finish the examination calmly. It is important to understand: the court is not the place where you need to come in order to pour out your emotions. It is necessary to remain calm and constructive here, proving your case with arguments.

What are the main reasons for divorce? Common phrases such as "insurmountable differences" or "disagreements" usually hide more complex reasons - and sometimes a whole complex. Why do people get divorced? Many are not interested in this at all in a philosophical or psychological vein, but because these reasons are required to be stated in the statement of claim for divorce, and the ease of the case will depend on how well they are formulated. What are the most common reasons for ending a marriage?

It is not always possible to single out one reason for divorce - quite often a whole complex of contradictions leads to it. And yet, statistics highlight the most common reasons for divorce: bad habits are in the lead: addiction to drinking; not far from them there are problems with an apartment, because of which you have to live with relatives; what is called "did not agree in character"; material disadvantage of the family. All other reasons are much less common, but you can still list a dozen and a half more. Next, we will consider in more detail all the common reasons why people get divorced, grouping them into three main categories: personal reasons, everyday problems, financial difficulties.

Personal reasons

The reasons for divorce - they will be personal in any case, because this wording is the most streamlined and incomprehensible of all. What are the reasons behind it? What could be behind personal reasons? For example, there was love, but it passed. Over time, feelings tend to become not so strong, but they can even pass away, or even be replaced by hostility. And when the feelings pass, everything that was not noticed before now begins to irritate, many of the spouse's shortcomings that previously seemed completely insignificant grow to unbearable proportions. Well, lost feelings are quite the basis for divorce. After all, why is he needed then? Moreover, even in court this reason can be considered quite valid.

Everyday problems

This includes, first of all, the very same alcoholism; other addictions, such as drugs or gambling, should also be included in this group. Other everyday problems can arise from the use of alcohol or drugs - after all, a spouse in an altered state of consciousness can become aggressive, treat children or wife cruelly, and besides, influence children badly - all these are good reasons for divorce. Mental disorders that lead to unpleasant consequences also belong to everyday problems.

Financial difficulties

This is the lack of personal housing, because of which you have to live with your parents, which is why conflicts often arise. Of course, from the point of view of family preservation, it is always better to live in a separate apartment. Also, the reasons for the divorce of this group include the unwillingness of one of the spouses to work in general or to work in the proper volume, and to contribute to the provision of the family. Or one of the spouses may consider the other's spending too high. In a word, the options are different, but they all boil down to the fact that the spouse, or even both spouses, believe that, from a material point of view, it will be more profitable to live separately.

The wording of the reason for divorce in the statement of claim

Should the reasons for divorce be included in the divorce application? You don't always want to make the grounds for divorce public, sometimes spouses want to keep them with them. Whether it will be necessary to indicate the reason or not depends on what scenario the divorce is going through. If both spouses agree to it, then there is no need to indicate them. It is quite another matter if only one of them demands a divorce, and the other opposes it. In this case, the court will consider the possibility of appointing a special procedure for their reconciliation (it will be discussed in more detail), and the reason for the divorce plays an important role in deciding whether to appoint it or to do without it, since reconciliation is impossible, if not dangerous for one of the spouses.

That is, the wording of the grounds for the termination of marriage is really important, and therefore here are some rules on how to correctly draw it up:

When specifying the reason, always remember that it must be clear and clear for the judge, be filled with specificity.

For example, if a divorce occurred due to a violation of a marriage contract - not a very common reason, and yet this happens, then it should be written in the application, while also specifying which clause of the contract was violated by the spouse. We are talking about a judge, you do not need to hide something from him. And you certainly shouldn't dwell on vague wordings like "for personal reasons" - indicate what personal reasons are in question, what exactly you do not like in marriage so much that you are forced to divorce. The more clearly the reason is stated, the fewer questions the judge will have to ask later.

At the same time, even though the specifics are good, one should not always get carried away with it. For example, lawyers do not recommend specifying sexual dissatisfaction as a reason for divorce. This is largely due to the fact that if the need for love and respect in marriage is directly spelled out in the legislation, then a reference to lost feelings or respect that has disappeared due to certain actions can be considered really weighty. But with regard to sexual relations, the legislation is silent, and therefore it is difficult to link a link to them to it. Therefore, if you get divorced precisely because of problems in the intimate sphere, it is recommended to refer to lost feelings. Adultery can also be accepted as a reason.

And now let's move on to the frequent formulations in which the reasons for divorce from my husband are written - one of them can be taken into account when drawing up a statement. But it should be remembered that this is precisely the general wording, and it needs to be made more specific, pointing specifically to your circumstances. The most general formulation looks like this - "Due to the loss of feelings of love and respect for the spouse." It is desirable, of course, to indicate what caused this loss - and, if this indication is significant enough, and treason, constant disagreements on important issues, the emergence of personal hostility, inappropriate behavior of the spouse, and so on can act as a reason for the loss of these feelings.

If you have already been living separately for some time, then you can strengthen the wording with a phrase like “The last three months - from the beginning of February, we do not live together and do not have a common household. I think reconciliation is impossible ”- such a maxim can clearly indicate to the court that the spouse who submitted the application is not at all inclined to reconciliation, and this procedure can be dispensed with. The court will suggest the same idea by clarifying that not only the feelings have passed, but one of the spouses dislikes the other, or even both for each other. For example: "We are asking for a divorce because we feel mutual dislike and consider it impossible to keep the family together."

Is it possible for spouses to reconcile in court?

It also happens that one of the spouses decides to file for divorce under the influence of the moment, and then regrets it.

In order to prevent divorce in such cases, courts sometimes set a time limit for reconciliation. The reason for such a decision of the judge may be the absence (in his opinion) of irreversible disintegration of the family and the possibility of its preservation. There are no clear criteria according to which a period for reconciliation should or should not be appointed - at the discretion of the judge. But it is natural that this period will not be assigned if both spouses agree to the dissolution, but only if one of them opposes the divorce. In this situation, the court must find out the following circumstances:

how family life proceeded;
why the spouses are getting divorced - all the motives for divorce are on one side, and the objections on them are on the other;
Is it possible for the spouses to continue living together, provided that their interests are not infringed upon, is it possible to eliminate the reasons due to which one of the parties decided to divorce.

The term for reconciliation is assigned by the judge, based on his own considerations, and can vary greatly - the minimum is usually two weeks, the longest is three months.

If, after this time, reconciliation has not occurred, and one of the spouses still does not want to divorce, then a new term may be set, provided that the judge still sees the prerequisites for a possible reconciliation. But still this is unlikely, as a rule, if the period for reconciliation did not give anything, the divorce process comes to its logical conclusion. Of course, more often this period for reconciliation is nothing more than a formality that must be served, but in some cases it really has an effect and leads to the fact that the spouses still manage to resolve their problems and save the marriage. And the fact that things have gone so far serves as an incentive to change and find a way out of the current situation. The time allotted for reconciliation just allows the parties to cool down and rethink their actions and motives.

But when the initiator of the process is firmly convinced that nothing like this is happening and will not happen, you can try to shorten the period given for reconciliation, but this must be done, arguing that no reconciliation is possible. For example, previously unspecified reasons for divorce, to the same judge who conducts the process. There are no appeals for the period of reconciliation, since this is not a final decision, which is an insurmountable obstacle to divorce, but only a short pause in the process.

We have addressed the issue of why people get divorced by examining all the main reasons and grounds for divorce. Now, how the divorce proceedings are going has become a little clearer.

Divorce is one of the most painful litigations. If a husband and wife mutually decide on a divorce without having children, then the dissolution of the union is registered with the registry office.

If the marriage breaks up by mutual consent of the spouses, without disputes over the place of raising the children and the division of material assets, then the magistrate will dissolve the family union.

Divorces, accompanied by disputes and claims, are resolved in city and district courts. In this case, the applicant must submit

Sometimes spouses, when filing an application for divorce, cannot clearly identify the reason for the dissolution of the marriage, and in fact it must be indicated in the statement of claim. For a judge, the explanation “I don’t feel love” will not be an argument for breaking the union. Therefore, it is worthwhile to understand what reasons for divorce in the statement of claim can take place and can be considered as legal

The main point in drawing up a claim for breaking the union is its reason. It is it that needs to be formulated so that the motive is sufficient for the court to make a positive decision.

The law takes into account any arguments for which the ex-husband and wife want to end the family relationship. It should be borne in mind that the court will carefully study them, since the dissolution of the marriage will directly affect the future life of the joint child and the rights to own property.

Often, the court, based on the requirements of the Family Code, gives spouses the opportunity to think for 3 months. If during this period of time reconciliation does not occur, then the divorce procedure will end in the dissolution of family relations.

In situations where a marriage is dissolved by agreement of two parties for a domestic reason, the reason for divorce will not play a big role, so the reason may not be indicated. In all other cases, the basis for divorce will be "under the gun".

The law provides for several grounds for (i.e.). These are situations when:

one of the spouses is imprisoned for three or more years;
one of the spouses is missing;
one of the spouses became incapacitated.

Based on these factors, a marriage with young children can be terminated both by a court decision and

What are the most compelling arguments in divorce law? It:

Personal reasons.

Personal motives include both the loss of love for a partner and the emergence of a feeling of hatred. In this case, it may seem that the reason for divorce is emotional and frivolous, but this is not so. In the rules of the Family Code, to a certain extent, it is indicated that a family can only be built on love, mutual respect and mutual assistance.

Household reasons.

The following factors can be distinguished as household reasons indicated in the claim:

one of the parties is dependent on alcohol or drugs;
there is physical and mental violence in relationships;
the spouse does not take part in solving household issues;
one of the spouses refuses to help in everyday matters;
the spouse does not participate in the upbringing of the child;
one of the parties shows no interest in family communication.

When drug addiction or alcoholism is the reason for divorce, a confirmation certificate from a drug dispensary will be required for the court. If the argument for divorce is physical violence, a protocol from the police station and a certificate from a medical institution confirming the fact of beating will be required.

Material reasons.

Material reasons include facts that have arisen due to such circumstances:

the family does not have its own living space;
against the background of cohabitation with parents, there are constant conflicts;
one of the spouses does not want to work, therefore material difficulties are observed.

Sexual reasons.

treason;
sexual incompatibility (dissatisfaction).

It is not recommended to indicate such arguments in the application, since they are not provided for by the norms of the Family Code and, accordingly, cannot be an argument for divorce. In addition, for reasons of moral ethics, questions of an intimate nature should not penetrate the public environment.

Therefore, in the statement of claim, arguments related to sex are recorded in the form of a general wording.

Divorce procedure and the right to privacy

Legal practice knows cases when sexual reasons for divorce are discussed in detail in court. These can be facts of sexual violence, perversion, or other details of intimate relationships between spouses.

In such cases, in order to prevent information of an intimate nature from getting into the discussion of the public, a petition is filed with the court with a request to hold the hearing behind closed doors.

In order to have a general vision of how to correctly formulate the reasons for divorce, we will give an example of frequently used wording.

Typical reasons for divorce in a dissolution statement usually look like this:

“Maintaining family life has become impossible due to the loss of love and mutual respect”;
“The mutual decision to divorce was made on the basis of the extinction of feelings of respect and love”;
"Life together has become unbearable due to different characters, different attitudes towards life and unwillingness to endure each other."

How can a woman formulate the reasons for breaking up family relations in a statement?

For example, consider the common reasons:

“I consider keeping the family impossible because of my husband’s addiction to alcoholism, which endangers the proper upbringing of children.”
“The husband loves to gamble and often abuses alcohol, which leads to regular conflicts and the use of violence against children and me. In such conditions, I consider it dangerous to maintain family relationships, from which my health and children may suffer ”.
"The spouse is constantly changing and does not try to hide it, for this reason I consider our living together to be meaningless and impossible."
“The husband does not work and does not want to get a job. Unwillingness to support and raise a child together makes it impossible to keep the family. "

How can a husband formulate the reasons for breaking up family relations in a statement?

Let's look at examples of how such statements are formulated:

“The wife has been noticed in infidelity several times and constantly shows riotous behavior, comes home late, staying in unknown places. Such circumstances do not allow the continuation of family relations ”;
“I think it is pointless to continue living together, since my wife does not want to do housework, does not work and does not want to work. I regard this behavior as a loss of love and mutual respect, so I see no reason to keep the marriage union. "
“I have a fact of my wife’s betrayal, which she didn’t even try to justify. I consider it necessary to end the marriage relationship. "

Each family may have its own individual reasons for divorce, so they all cannot be entered into the framework of the law. When it is impossible to establish family relations and there is no longer any way to a cloudless past, the reasons for divorce should be reflected in the statement of claim carefully and deliberately. During divorce litigation, it is not emotions that are important, but cold thinking. Therefore, declare your desire to get a divorce without emotion. Argument your decision correctly and start from the legal basis.