Divorce

It was not easy to get a divorce in the early Russian Empire , but in some cases it was still allowed. For example, Doctor of Historical Sciences B. N. Mironov notes that before 1730 (and in some places later) in Russia it was enough to make a statement to the parish priest and receive from him a “letter of divorce” ^[1] . In some cases, a priest was not required for the adjustable letter. Boris Mironov gave an example of such a letter issued in 1718 by a resident of St. Petersburg KI Kolesnikov, who issued with two witnesses to his legal wife a “divorce letter” and a “letter of compensation” with the following content ^[1] :

Kuzma Ivanov’s son Kolesnikov gave this letter to his wife Agafya Eliseeva’s daughter, if she abducts to marry another, and I, Kuzma Ivanov’s son Kolesnikov, in this I give a letter to all four parties and herewith witnesses ...

Subsequently, in the Russian Empire, any divorce became possible only in religious institutions; for the Orthodox, permission from the Holy Synod was required. According to the legislation of that time, for divorce in the Orthodox family one of the following reasons was required ^[2] :

• Proven Adultery .
• Bigamy (bigamy).
• Presence of premarital disease that impedes marital relations.
• Long unknown absence of a spouse (more than 5 years).
• Conviction for a serious crime, including exile or disqualification.
• Monasticism (only in the absence of young children).

It should be noted that after the divorce, the guilty party most often did not have the right to enter into a new marriage. According to the 1897 census , there were 1 divorced per 1000 men and 2 divorced per 1000 women. Until 1917, the situation did not change significantly.

The clergy opposed divorce in every way, which was repeatedly reflected in the literature (classic examples are Anna Karenina and The Living Corpse by L. N. Tolstoy ), although this could be achieved through influence, lawyers, and corruption (for example, cases of S. Yu Witte and brother of the last Tsar Mikhail Alexandrovich , married to divorced women).

The case of divorce in pre-revolutionary Russia was considered in the first instance by the spiritual consistory at the place of residence of the plaintiff, the Synod was the appeal court. A complaint about refusal to divorce could be filed there indefinitely directly, or through a consistory ^[3] . Appealing the Consistory’s decision to divorce was much more difficult. In this case, the deadline for filing a complaint was set at 2 months and the complaint itself was submitted to the Synod only through the consistory ^[3] . The procedure for proving adultery was very complicated. This required the testimonies of at least two eyewitnesses or the “survival” of children outside the legal matrimony, proved by metric acts ^[3] .

At the beginning of the 20th century, the Church’s attitude toward divorce began to gradually soften. In 1913, the Synod somewhat expanded the list of reasons for divorce, adding “evasion” from Orthodoxy, ill-treatment and coercion of one spouse to commit a criminal offense by others ^[3] . However, it was stipulated that in the case of "mutual adultery" marriage remains in force ^[3] .

The fall of the monarchy reinforced public demand for a easier divorce. Nevertheless, only a slight relief was introduced under the Provisional Government. On April 29 - May 1, 1917, the Synod added one more reason for divorce: when both parties were found guilty of violating the sanctity of marriage ^[3] .

Immediately after the revolution, a divorce could be obtained from the registry office immediately after filing an application with at least one of the spouses. Under I.V. Stalin, divorces again became sharply limited. It was possible to get a divorce only through a court , and the district people's courts did not have such a right, divorced officially had to advertise in the newspaper. Under N. S. Khrushchev, the divorce procedure was simplified.

According to the Federal State Statistics Service , in 2008, 1 million 178 thousand marriages accounted for 703 thousand divorces (about 60%) ^[4] . For comparison: in 2003, 1 091 800 marriages accounted for 798 800 divorces (73%) ^[5] , in 2010 - 1 215 100 marriages - 639 300 divorces (53%) ^[6] .

Famous Persons

• Vsevolod Yuryevich the Big Nest and Maria Shvarnovna , due to the illness of his wife.
• Vasily III and Saburova, Solomoniya Yuryevna , due to the childlessness of his wife.
• Ivan the Terrible and Koltovskaya, Anna Alekseevna , due to the monasticism of the wife.
• Ivan the Terrible and Vasilchikova, Anna Grigoryevna , due to the monasticism of the spouse.
• Ivan the Terrible and Vasilisa Melentyeva , because of monasticism, or treason, or bigamy of the spouse.
• Ivan Ivanovich and Saburova, Evdokia Bogdanovna , and with Solovaya, Feodosia Mikhailovna , due to the childlessness of his wife.
• Peter the First and Lopukhina, Evdokia Fedorovna , forcibly cut her hair as a nun.

In modern Russia ( 2007 ) in accordance with articles 16-18, 21-23 of the Family Code R f, divorce (divorce) can be made at the request of one or both spouses (or at the request of the guardian of the spouse, recognized by the court as legally incompetent). It is important to note that in modern law the term “divorce” is replaced by the term “divorce”.

The marriage is dissolved in the registry office in case of consent to the divorce of spouses who do not have common minor children. According to the joint application of the spouses, the date of divorce is assigned (not earlier than a month after the date of application). Each of the spouses has the right within a month from the date of filing an application for divorce to withdraw in writing from the same civil registry office; the joint application in this case is irreversibly canceled, and the registry office notifies the second spouse in writing about the cancellation of the joint application. On the appointed day of divorce, at least one of the spouses must appear in the registry office; if neither spouse is divorced, the divorce shall be deemed invalid and the application shall be canceled.

A marriage can be divorced in the registry office regardless of the presence of common minor children, if one of the spouses is declared missing or incompetent by the court or sentenced for committing a crime to imprisonment for a term of more than three years.

If the spouses have common minor children or one of the spouses does not agree to divorce (does not sign a joint application), the marriage is dissolved in a judicial proceeding . Prior to the dissolution of the marriage, the court may appoint a period for reconciliation of up to 3 months.

The document confirming the divorce is a certificate of divorce. Each divorced person has the right to receive it at the registry office both on the day of divorce and later.

Court Divorce

A marriage is dissolved only in court: 1) if the spouses have common minor children, 2) if one of the spouses does not agree to a divorce, 3) if one of the spouses, despite the absence of objections, evades a divorce through REGISTRY OFFICE. Divorce, if no additional requirements are stated, are justices of the peace. To appeal to the court it is necessary to draw up a statement of dissolution of marriage in the established form. Claims shall be filed at the place of residence of the defendant. The court considers the case at the hearing, divorce is possible not earlier than one month from the moment of appeal to the court. This period may be extended by a conciliation judge for a period of up to three months.

Documents required for divorce in court

1. The lawsuit on the dissolution of marriage, the established form. ^[7]
2. Receipt of payment of state fee for divorce in court (currently 600 rubles ^[8] ).
3. Certificate of marriage (original).
4. Birth certificate of a minor child - if the spouses have minor children.

Mention of the possibility of divorce can be found in the New Testament . Jesus Christ mentions the reason for divorce in which divorce is not a sin - adultery . “He who divorces his wife not for adultery and marries another, commits adultery; and marrying a divorced woman commits adultery ”( Matt. 19: 9). Also in the first Epistle to the Corinthians, Paul writes the second condition under which a Christian must release his unbelieving spouse. “If the unbeliever wants to get a divorce, let him get a divorce; brother or sister in such cases are not connected; the Lord has called us to peace. Why do you know, wife, will you save your husband? Or you, husband, why do you know if you can save your wife? ”( 1 Cor. 7:15, 16 ).

In Orthodoxy

The Orthodox Church expanded the list of reasons for divorce, and now it is customary in the Russian Orthodox Church to allow divorce for the following reasons, except for adultery: loss of spouse from Orthodoxy, unnatural vices, inability to marital cohabitation, which occurred before marriage or was the result of intentional self-mutilation, leprosy , or syphilis , long unknown absence , the condemnation to the punishment connected with deprivation of all property rights, attempt on the life or health of the spouse or children snohach GUSTs , procurement , benefit from a spouse indecencies, incurable mental illness, malicious abandonment of one spouse to the other. Also, AIDS , medically certified chronic alcoholism or drug addiction, and the wife having an abortion if her husband disagrees.

In Catholicism

The Catholic Church does not know the concept of divorce in relation to a lawful and completed marriage. Re-marriage is possible only in the event of the death of one of the spouses, which is based on the promise of fidelity "until death do not part", given in the process of wedding in the face of the whole Church. In addition, a married couple is conceptualized as the image of the indissoluble unity of Christ and the Church, as well as God and the people of Israel.

Meanwhile, there are conditions to annul the marriage (see Catechism of the Catholic Church , p. 1629, for more details, “Code of Canon Law”). A canceled “marriage” is recognized as though it did not exist in reality - the parties are given the opportunity to enter into a marriage that turns out to be primary.

The use of secular legal procedures to obtain a divorce from a legal marriage between Catholics is considered to have no effect on its reality. Accordingly, any subsequent registration of a new civil union is illegal ( Adultery ). At the same time, being in an “illegal union” does not excommunicate the Catholic from the Church (the obligation to raise children in the bosom of Catholicism also remains), however, this condition prevents participation in the sacrament of the Eucharist.

The concept of marriage in Catholicism does not apply to secular legal procedures, nor to marriage between non-Catholics who are created in “their own right” (Code of Canon Law, Corpus iuris, applies only to Roman Catholics). In addition, a secular marriage between a Catholic and a non-Catholic outside the dispensation regime (official permission of the bishop, n. 1635), from the church point of view, is not recognized as legal or, accordingly, “completed”.

In Protestantism

In Mennonites, divorce is permitted only in the case of adultery, and in any case, the divorced is forbidden to enter into a new marriage. Among Baptists, views on divorce vary, as a rule, each such question is dealt with individually by the ministers of the church. The following reasons for divorce are recognized as valid: adultery (Deut. 24: 1), and abandonment by an unbelieving spouse (1 Cor. 7:15.).

Divorce ( get ) is not encouraged, but is possible within the framework of Judaism . At the same time, the situation of a woman whom the husband, even in fact the former, did not give a divorce, is very difficult - if he never gives it, she will not be able to marry again, unless he dies.

It is also not encouraged, but divorce is permitted ( Arabic. الطلاق - at-talak) in Islam . The right to declare a divorce has the husband, or a Sharia judge, who makes a decision at the request of his wife . A man giving a divorce must be an adult, sane, and divorced of his own free will . All madhhabs postulate that you should not give a divorce to your wife during menstruation or postpartum hemorrhage. In four Sunni madhhabs, a divorce given by a husband to a menstruating wife or during the cycle when they had an intimate relationship is considered forbidden ( haram ), but valid. In jafarit fiqh, such a divorce has no effect. Shiites require pronouncing a special divorce formula and two witnesses. The Sunnis do not have a formula and witnesses are not required. A man can divorce the same woman three times. After the third divorce, spouses can converge only after a woman marries another and divorces him according to the law.

John Milton in his treatise “The Teachings and Dean of Divorce” (1643) rejects the invariable necessity of preserving marriage, affirms the human right not only to happiness, but also, indirectly, to mistake ^[9] .

According to studies by the National British Bureau of Statistics, young people aged 25-29 are divorced twice as often as other age groups. Scientists attribute this to the fact that in our time, couples spend less time trying to reconcile before going to court ^[10] .

According to the demographic yearbook from 1960 to 1990, the number of divorces in Russia has tripled ^[11] , and according to the data for 2008, only 52% of men were able to remarry, among women this share is even less - 29% ^{[12 ]} .

The most painful divorce is not for adults, but for children for whom divorce is a tragic incident, akin to losing a loved one. In the short term, stress from the divorce of parents manifests itself in the child in the form of feelings of defenselessness and loss of family integrity, as well as anger due to the inability to influence the situation. In the long term, a breakdown in relations between parents can seriously affect the child’s ability to form a family in the future, as a child who has observed a divorce is often afraid of a similar scenario in his own life ^[13] .

An exception may be cases when children in the family suffered from constant conflicts and quarrels of parents, etc. In case of divorce, if children of preschool or school age, their usual way of life should not be radically changed, that is, change the kindergarten or school, since it’s just preserving the child’s usual way of life, it is possible to alleviate experiences and stress.

According to Anthony Douglas (Executive Director of Children and Family Court Advisory and Support Service (Cafcass), the parent with whom the child remained after the divorce should not set him up against the second parent. This leads to “parental exclusion.” Douglas believes that after A divorce sentiment against the other parent should be considered “child abuse.” Currently, most family litigations relate to “parental alienation” when children are involved in parental conflicts and made full participants, according to Douglas, parents should be held fully accountable for this form of “child abuse”. ^[14]

According to studies by some sociologists, during periodic recessions and crises in the economy of a country, the number of divorces usually decreases. This is due to the fact that the joint management of the economy allows spouses to save financial resources and thereby to a greater extent to maintain material well-being. For example, in Spain , the number of divorces in 2008 decreased by 12% compared to the previous year, which, according to sociologists, is explained by the influence of the global economic crisis of 2008-2009 ^[15] .

During the Nazi occupation in Russia, divorce between Soviet citizens was prohibited ^[16] .

• Museum of Divorces
• Adultery
• Конкубинат
• Отцы и дети (правозащитная ассоциация)

• М. И. Брун . Развод, расторжение брачной связи // Энциклопедический словарь Брокгауза и Ефрона : в 86 т. (82 т. и 4 доп.). - SPb. , 1890-1907.
• М. И. Брун . Разлучение супругов // Энциклопедический словарь Брокгауза и Ефрона : в 86 т. (82 т. и 4 доп.). - SPb. , 1890-1907.
• Джон Вентура, Мэри Рид. Развод для чайников = Divorce For Dummies. — М. : «Диалектика» , 2009. — С. 224. — ISBN 978-5-8459-1517-7 .
• Олег Ивик . История разводов. — М. : «Текст» , 2010.

• Папа о разводе: никого нельзя приговаривать навсегда