A husband wants to divorce but a wife is against. The husband is registered in his mother’s apartment and the wife is registered in her mother’s apartment. A minor child is registered together with the father. The court established a term for consideration of divorce decision. How many terms like that the court may establish? When the divorce will be granted automatically? Does the wife have a right to husband’s apartment or any part thereof (the son is registered there though he lives with the mother)?
According to Art. 21 part 1, Art. 22 of the Family Code of the Russian Federation a marriage shall be dissolved by court decision in case spouses have minor children or one of the spouses is against the divorce. The marriage is terminated in case the court comes to a conclusion that joint residence and family life are not possible. In case one of the spouses is against the divorce the court is entitled to take action to reconcile the spouses and is entitled to postpone hearing of the case by establishing a term (not exceeding 3 months) for reconciliation. In case such actions do not bring any result and the spouses (one of them) insist on divorce the marriage is considered dissolved. As for registration of the child in father’s apartment, the registration itself has notifying nature and doesn’t result in any legal effects. It is necessary to know where the family lives in order to make a conclusion about any rights to the apartment. Anyhow only the child may have a right to the apartment. In my opinion the mother doesn’t have such right.