At a divorce the law more protects the woman, especially the woman with children. The questions connected with divorce are considered in the Family Code of the Russian Federation. The separate procedure in the absence of the consent of one of spouses to a divorce is provided in it.
1. To refuse divorced to the man who addressed with the claim, the court has the unconditional right when the consent of the spouse to a divorce is not received and at the same time his wife is pregnant or to their joint child was not 1 year yet. In this case it is enough to you to bring into court the declaration of abandonment, the certificate of pregnancy certified by the signature of the doctor and the press of medical institution or the copy of the birth certificate of the child. This restriction concerns also those cases when the child was born the dead or died before he was 1 year old. Such measure is directed to protecting the woman from the excess disorders connected with a divorce.
2. In the absence of the consent of one of spouses the court can make the independent decision or refer to an initiative of other spouse and to appoint term for reconciliation. Such decision can be made several times, the only condition is the total term which is appointed to spouses for attempts to adjust joint life: it should not exceed 3 months. In exceptional cases this term can be increased about half a year.
3. Amendments to the legislation were adopted, and now the court has no right to refuse the divorce suit when all measures for reconciliation were already tried and were ineffectual, and your spouse still insists on divorce. In this case the defendant refusing a divorce has the right for presentation of the independent claim.
4. If your desire to keep family is big, and all of you still hope for reconciliation, all of you cannot equally refuse divorced. The only thing that else can try to be made – not to be on court session and then, having referred to insufficiently full and comprehensive investigation of the facts of the case to try to challenge the decision on a divorce made by court, having submitted the appeal.