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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

I dated a married man for 3 years. The man has got minor child (17 years). I will have a child from him. We decided to get married so he shall divorce. This is the main problem. When he filed a divorce application his wife was not against. But for some reason they were given a 1 month term. Upon expiration of the term he appeared before the court without his wife as she had a heart attack at that day and was taken to hospital. We know that she did it on purpose. The court postponed hearing of the case for 2 weeks. And we do not have time. We have to register our marriage as soon as possible. Why wasn't the marriage terminated in her absence? What about Art. 23 of the Family Code? What will happen in case she doesn't appear before the court in 2 weeks or says that she is against the divorce? What is the time limit for such procedure? What can we do in this situation? Thanks for the answer.

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Answer

According to Art. 23 of the Family Code of the Russian Federation a marriage shall be terminated given mutual consent of the spouses having minor children or in case one of the spouses avoids termination of the marriage though he/she doesn't have any objections. A marriage shall be terminated by court decision upon expiration of one months from the date of filing the divorce application (that is why hearing of your case was appointed in a month). According to Art. 22 part 2 of the Family Code of the Russian Federation in case one of the spouses is against divorce the court is entitled to establish a reconciliation term not exceeding 3 months. According to art. 167 of the Code of Civil Procedures of the Russian Federation the hearing shall be postponed in case one of the parties of the case is absent and there is no information concerning notification of such party. In case the parties were notified about the time and the place of the hearing the court shall postpone the hearing if reasons of their absence are considered cogent. The court is entitled to hear the case in the absence of any of the parties in case such party was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to hear the case in respondent's absence in case the defendant was notified about the time and the place of the hearing and didn't give reasons of absence or such reasons were not considered cogent. The court is entitled to postpone hearing of the case on application of a party of the case on account of absence of his/her representative due to a cogent reason. As there are a lot of grounds for postponing, the case can be examined during a very long period of time and it is quite difficult to define time limits.

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