Time limit for reconciliation of spouses upon divorce in court

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To dissolve a marriage, spouses apply to the registry office or court. The fastest way is to get a divorce in the registry office or the magistrate's court, but for this it is necessary that both spouses have a desire to live separately without obligations. If one of the parties does not agree to sever the relationship, the duration of the process can be significantly increased. There are many reasons: the defendant’s failure to appear in court, avoidance of receiving a summons. It is possible to extend the process legally if the judge provides a period for reconciliation.

Article of the Family Code of the Russian Federation on the conciliation period

The period of time given by the court for reconciliation of a married couple after filing a claim for divorce is regulated by Article 22 of the Family Code of the Russian Federation.

Paragraph number two of this article talks about postponing the trial when one of the parties to the process refuses to dissolve the marriage, by setting a deadline for reconciliation. This time is calculated in three months.

If measures to preserve the family are unsuccessful, the marriage is dissolved. Also, paragraph 10 of Resolution No. 15 of November 5, 1998 of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts when considering cases of divorce” explains this article and informs about the possibility of postponing proceedings at the request of one of the parties or on one’s own initiative in order to set a time for reconciliation, prescribing a ban on exceeding this period by more than three months.

Reconciliation in the registry office

The deadline for reconciliation in case of divorce through the registry office is set at the time of filing the application for divorce. The duration of this period is 30 days. General issues of divorce proceedings are described in Art. 19 of the Family Code of the Russian Federation. But the wording “term for reconciliation” is not included in this normative act. Clause 3 of Article 19 of the RF IC states that the issuance of a divorce certificate by the registry office is carried out no earlier than a month after filing the application.

Although this part of the code makes no mention of reconciliation between the parties, as a general rule, a period is set to give spouses the opportunity to resolve all controversial issues without dissolving the marriage. A thirty-day period is also necessary for the preparation and implementation of all technical procedures that are provided for in such a case.

Even if only one of the spouses, during the reconciliation period, decides to abandon the application for divorce, the dissolution procedure will be suspended. If the second spouse still wants to end the marriage, he will have to act in accordance with the rules governing unilateral divorce.

How much time is given for reconciliation during a divorce through court?

The judge has the right to allocate time to resolve conflicts and further reconcile the husband and wife on his own initiative, in case of disagreement with the divorce, or at the request of one of the spouses, as well as both at once.

The appeal is formalized in the form of a petition or statement before the start of the trial by filing it with the court office or during the hearing itself.

When a judge appoints a conciliation time for spouses on his own initiative, he must justify his determination, noting this in the minutes of the court session. Based on the above-mentioned article of the Family Code of the Russian Federation, the period established by the court for reconciliation of the parties is set within three months.

The judge cannot set a conciliation period if the defendant expressly states his desire to get a divorce.

The initial minimum period for reconciliation of spouses is determined at the discretion of the judge himself to identify positive dynamics in family relationships; as a rule, a period of one month is provided.

Then the judge can assign another two months. In total, the total period cannot exceed three months; this is the maximum time for reconciliation of the parties.

If the declaring party still demands a divorce, that is, reconciliation of the spouses has not occurred, the court dissolves the marriage. The time provided by the court “to think” is still useful, since there are cases when a husband and wife actually reconcile. In this case, the plaintiff must declare a waiver of the claim, and the divorce process will stop.

Reducing the term

The period allocated for reconciliation of the parties may be reduced. This is possible if the husband (wife) has the intention to break family ties. Period reduction is available in the following situations:

The applicant demands a divorce and indicates valid reasons confirming the impossibility of saving the marriage. For example, a couple has been living separately for a long time.
The husband and wife discussed the issue of divorce, approving the intention to divorce. In this case, they send a request (general or individually) to reduce the waiting period.

According to the law, the reconciliation period is allowed to be appealed through appeal or cassation. The reason is that the delay is not a bar to divorce.

Duration of the reconciliation period in the presence of common minor children

If divorcing spouses have common children under eighteen years of age, the process of divorce is considered in court. If there are no controversial issues, the divorce process takes place in the magistrate's court, and if there are any, the case is sent to the district court.

The conciliatory period of time allocated by the judge to resolve family conflicts between husband and wife ranges from one to three months.

Cases involving the breakdown of a family where there are young children are always carefully considered so that their rights and interests are not infringed. As a rule, in such processes, maximum conciliation time is allocated for parents.

If there are no disputes regarding minor children between spouses and there is mutual consent to divorce, the court does not have the right to set a time for family reconciliation.
For example, if a husband and wife have not lived together for a long time. There is also no period for reconciliation of the parties if there are children under eighteen years of age in cases where one of the spouses:

listed as missing;
declared incompetent;
convicted and imprisoned for a term of more than three years.

In these cases, the party wishing to obtain a divorce must submit an application to the registry office, where the marriage will be dissolved.

Responsibilities of a judge

Despite the presence of a norm in the RF IC allowing a judge to allocate time to resolve controversial issues, the judge is obliged to explain his decision. The Code of Civil Procedure of the Russian Federation (Article 225) states that the judicial authority must indicate the motives that prompted it to give time for reconciliation. He must indicate why he considered it possible to restore the marriage, and what evidence was accepted for consideration.

The document is drawn up in writing by the judge, and a copy can be given to one of the spouses. Oral indication of the reason is also permitted, but then the information on the reasons for the decision made is reflected in the minutes of the meeting. The judge is not allowed to give time for reconciliation if both parties agree to dissolve the marriage.

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Is it possible to extend or shorten the period for reconciliation of spouses upon divorce in court?

In some cases, the spouse who decides to divorce, and sometimes both parties at once, do not want a long divorce process and want to cancel or reduce the time provided for reconciliation.

According to Resolution No. 15 of the Plenum of the Supreme Court of the Russian Federation dated November 5, 1998, the given period for reconciliation can be reduced at the request of the parties who have valid reasons due to which the resumption of relations between the spouses is not possible.

To do this, it is necessary to file an objection before the judge makes a ruling on reconciliation. Good reasons for reducing the time of reconciliation may be: alcoholism or drug addiction of one of the spouses, infidelity, threat of violence or threat to life if the married couple continues to live together.

In such cases, the judge may satisfy the plaintiff’s objection and shorten or cancel the period provided for reconciliation of the parties, while making a reasoned ruling. A request to extend the time for reconciliation on the initiative of one of the spouses may be granted if the total period does not exceed the permissible period.

The exception to exceeding the statutory period is when the defendant intentionally delays the trial to infringe on the rights of the party filing for divorce or to delay the issuance of a ruling.

Grounds for deferment

The law does not establish clear grounds for postponing the consideration of a divorce both in the registry office and in court for possible reconciliation of the spouses.

The registry office simply provides a mandatory period of one month for reflection, while the judge proceeds from an exclusively subjective understanding of the circumstances of the case.

Reconciliation at the registry office

The period for divorce through the civil registry office is 1 month from the date of mutual submission of an application to the institution by the spouses.

As such, the registry office has not established a period for reconciliation of the parties and it is not spelled out in the law, but the month provided may well be used by the spouses for reflection and making a final decision. If the husband and wife decide to end the conflict and maintain the relationship, but an application has already been submitted to the registry office, they can choose from:

To withdraw your application in writing by contacting the registry office in person or by sending an electronic appeal;
Simply not showing up on the day of registration of the divorce and the termination of the relationship will not take place. Since the appearance of at least one of the spouses at the registry office is a prerequisite for the official termination of the relationship.

Such reconciliation does not entail any consequences and does not prevent the spouses from filing for divorce again, even in a day or a week, if the relationship is not normalized.

Example: Spouses A. On September 11, 2020, they applied to the registry office with a mutual application for divorce. The institution's staff set a divorce date for them for October 12, 2020. Within a month, the husband and wife reconsidered their attitude towards each other and came to the conclusion that they needed to save the marriage. They notified the registry office employees by telephone that they did not want to get a divorce, but ignored the requirement to write a written appeal. On the date of the divorce, they simply did not appear at the registry office and their marriage was not dissolved. It is impossible to extend or reduce the monthly period for divorce at the registry office.

If the spouses reconcile

Refusal to dissolve a marriage in the registry office before making the appropriate entry on the registration of the divorce will annul all possible consequences that could occur after the divorce.

If both spouses decide to reconcile in court, then they need to follow the following procedure:

The plaintiff submits a petition to the court to terminate the proceedings due to the abandonment of the claim.
The defendant agrees with this request and does not insist on considering the case.

According to the rules of the Code of Civil Procedure of the Russian Federation, a repeated appeal to the same court on the same subject is not allowed, but in relation to divorce cases, the claim will only need to motivate the changed circumstances that served as the motive for re-filing the claim.

Example: After the divorce proceedings were terminated due to the refusal of the claim, Petrov’s wife again filed a claim in court. In the lawsuit, she indicated that she agreed to reconcile with her husband after his promises to undergo treatment for alcoholism. Three months after the termination of the case, she realizes that he deceived her, did not undergo treatment and continues to drink alcohol. As evidence, I attached copies of decisions on repeatedly bringing my husband to justice for appearing in public places while drunk. The court accepted the claim because the circumstances under which the case was dismissed the last time had changed.

How much time is given for reconciliation during a divorce through court?

The appeal is formalized in the form of a petition or statement before the start of the trial by filing it with the court office or during the hearing itself.

The judge cannot set a conciliation period if the defendant expressly states his desire to get a divorce.

Then the judge can assign another two months. In total, the total period cannot exceed three months; this is the maximum time for reconciliation of the parties.

Reasons for setting a certain period by the judge

It is difficult to say what period of reconciliation will be provided for in a particular divorce case. This issue is not regulated by law and is left for the consideration of judges. But some patterns can be traced when studying the practice of cases.

Long waiting periods may occur in the following situations:

the defendant does not agree to dissolve the marriage;
the spouse who first filed the application doubts the correctness of the actions;
the reasons for termination are not compelling enough, or the spouse’s testimony is constantly changing;
circumstances have arisen that entail a significant change in the situation of the husband or wife - loss of work, diagnosis of a serious illness.

If this happens, the court will choose the maximum term, trying to save the family.

The reduction in time is indirectly affected by the following circumstances:

the categorical nature of both spouses, unanimously in favor of divorce;
Infidelity, drug or alcohol addiction, or physical violence are indicated as the reason for divorce, especially if evidence is provided;
The plaintiff and defendant simultaneously advocate for a reduction in the waiting period.

In such cases, the period is reduced, and the breeding will not last long.

Duration of the reconciliation period in the presence of common minor children

The conciliatory period of time allocated by the judge to resolve family conflicts between husband and wife ranges from one to three months.

There is also no period for reconciliation of the parties if there are children under eighteen years of age in cases where one of the spouses:

listed as missing;
declared incompetent>;
convicted and imprisoned for a term of more than three years.

In these cases, the party wishing to obtain a divorce must submit an application to the registry office, where the marriage will be dissolved.

Maximum and minimum time for reconciliation

As already written above, for the registry office the time frame for reflection is strictly fixed in the law and other regulations - this is 1 month from the date of submission of the application. This period cannot be changed upward or downward, so in any case you will have to wait.

In courts, judges most often set the maximum term prescribed in Art. 22 of the RF IC - 3 months, but if the period is given a short period, the spouse interested in preserving the marriage can apply for its extension, justifying the reasons.

Is it possible to file an application for reconciliation of spouses several times?

Guided by the desire to save the marriage or to “annoy” the other half, one of the spouses strives to maximize the duration of the divorce process. For the plaintiff, an uncertain status entails many inconveniences: the inability to obtain child benefits; enter into a new relationship; purchase valuables, fearing that the property will be subject to division.

So can the defendant repeatedly apply for a time limit for reconciliation and delay the process for an indefinite period? The answer is in paragraph 10 of the Resolution of the Plenum of the Supreme Court No. 15 of November 5, 1998, which states that spouses can initiate the postponement of the proceedings several times, but the total period for which the consideration of the case is postponed cannot exceed 3 months.

For example, if a one-month period for reconciliation was granted, at the next meeting the spouse has the right to demand that it be extended for a period of up to 2 months, after which the judge will make a decision on divorce.

Is it possible to extend or shorten the period for reconciliation of spouses upon divorce in court?

In some cases, the spouse who decides to divorce, and sometimes both parties at once, do not want a long divorce process and want to cancel or reduce the time provided for reconciliation.

The exception to exceeding the statutory period is when the defendant intentionally delays the trial to infringe on the rights of the party filing for divorce or to delay the issuance of a ruling.