Lecture
Divorce - a formal termination (dissolution) of a valid marriage between living spouses. It is necessary to distinguish the recognition of marriage as invalid in court and the termination of marriage due to the death of one of the spouses.
See also: Divorce in Ancient Russia
In the Russian Empire, any divorce was possible only in religious institutions; for the Orthodox, the permission of the Holy Synod was required. According to the legislation of that time, one of the following reasons was required for a divorce in an Orthodox family [1]:
It should be noted that after the divorce, the guilty party most often had no right to remarry. According to the census of 1897, there were 1 divorced per 1,000 men, 2 divorced per 1,000 women. Until 1917, the situation did not change significantly.
The clergy in every way counteracted divorce, which was repeatedly reflected in the literature (classic examples are Anna Karenina and Living Corpse by L. Tolstoy), although with the help of influence, lawyers and corruption this could be achieved (for example, S. Yu. Witte and the 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 the spiritual consistory at the place of residence of the plaintiff, the Synod was the appellate instance. A complaint about the refusal to dissolve a marriage could be filed there indefinitely either directly or through the consistory [2]. Appealing against the decision of the consistory to dissolve the marriage was much more difficult. In this case, the deadline for filing a complaint was determined at 2 months and the complaint itself was submitted to the Synod only through the consistory [2]. The procedure of proof of adultery was very difficult. This required the testimony of at least two eyewitnesses, or the "settling down" of children outside the legal marriage, as proved by metric acts [2].
At the beginning of the 20th century, the attitude of the Church towards divorce began to gradually soften. In 1913, the Synod somewhat expanded the list of reasons for dissolution of marriage, adding “evasion” of Orthodoxy, cruel treatment and forcing one spouse to commit a criminal act by another [2]. However, it was stipulated that in the case of “mutual adultery,” marriage remains in force [2].
The fall of the monarchy strengthened the demands of the public to ease the divorce procedure. However, under the Provisional Government, only a minor concession was introduced. April 29 - May 1, 1917 The Synod added another reason for divorce: when both parties were found guilty of violating the sanctity of marriage [2].
Immediately after the revolution, a divorce could be obtained at the registry office immediately after the application was submitted by at least one of the spouses. Under I. V. Stalin, divorces became sharply limited again. It was possible to get a divorce only through a court, and the district people's courts did not have such a right; those who divorced officially had to advertise in a newspaper. Under N. S. Khrushchev, the divorce procedure was simplified.
According to Rosstat, in 2008, 1 million 178 thousand marriages accounted for 703 thousand divorces (about 60%) [3]. For comparison: in 2003, 1,098,800 marriages accounted for 798,800 divorces (73%) [4], in 2010 - 1,215,100 marriages - 639,300 divorces (53%) [5].
Evdokia Lopukhina in monasticism.
In modern Russia (2007), in accordance with Articles 16-18, 21-23 of the Family Code of the Russian Federation, divorce (divorce) can be made at the request of one or both spouses (or at the request of the guardian of a spouse recognized by the court as incapable). It is important to note that in modern legislation the term “divorce” is replaced by the term “divorce”.
The marriage is dissolved in the registry office in the event of consent to the divorce of spouses who do not have common minor children. According to the joint statement of the spouses, the date of divorce is appointed (not earlier than one month from the day the application was submitted). Each of the spouses is entitled within one month from the date of filing the application for divorce in writing to revoke him in the same registry office; the joint statement in this case is irreversibly canceled, and the registry office notifies the other spouse in writing of the cancellation of the joint statement. On the appointed day of the divorce, at least one of the spouses must appear in the registry office; if neither of the spouses is present, the divorce is deemed to have failed and the application is canceled.
A marriage can be dissolved at the registry office regardless of the presence of common minor children if one of the spouses is recognized as missing or incapable by the court or sentenced to a term of imprisonment for more than three years for committing the crime.
If the spouses have common minor children or one of the spouses does not consent to the divorce (does not sign the joint statement), the marriage is dissolved in court. Prior to the dissolution of the marriage, the court may assign the term for reconciliation of up to 3 months to the spouses.
The document confirming the dissolution of the marriage is a certificate of divorce. Each of the divorced persons is entitled to receive it at the registry office both on the day of the dissolution of the marriage, and later.
A marriage is terminated only in court: 1) if the spouses have common minor children, 2) in the absence of the consent of one of the spouses to divorce, 3) in the event that any of the spouses, despite his lack of objections, evades the divorce through REGISTRY OFFICE. Divorce, if no additional requirements are stated, is the responsibility of the magistrates. To apply to the court, it is necessary to draw up a statement of claim about the dissolution of a marriage in the established form. Claims are filed at the place of residence of the defendant. The court considers the case at the court session, the dissolution of the marriage is possible not earlier than one month from the moment of appeal to the court. This period may be extended by the judge for reconciliation for up to three months.
Mention of the possibility of divorce can be found in the New Testament. Jesus Christ mentions the reason for the divorce, in which divorce is not a sin - adultery. “Whoever divorces his wife not for adultery and marries another, commits adultery; and he who marries 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 divorce, let him divorce; brother or sister in such [cases] are not related; the Lord called us to peace. Why do you know, wife, will you save your husband? Or you, husband, why do you know if you will save your wife? ”(1Cor.7: 15,16).
The Orthodox Church expanded the list of reasons for divorce, and now it’s customary in the Russian Orthodox Church to allow a divorce for the following reasons, except for adultery: abandonment of a spouse from Orthodoxy, unnatural vices, inability to marry, which occurred due to intentional self-healing, illness of leprosy or syphilis, prolonged unknown absence, conviction to punishment, combined with deprivation of all rights of the state, encroachment on the life or health of a spouse or children, daughter in law TVO, procurement, benefit from a spouse indecencies, incurable mental illness, malicious abandonment of one spouse to the other. There is also the disease of AIDS, medically witnessed chronic alcoholism or drug addiction and abortion by the wife if the husband disagrees.
The Catholic Church does not know the concept of divorce in relation to legal and completed marriage. Remarriage is possible only in the event of the death of one of the spouses, which is based on the promise of faithfulness “until death do not separate,” made during the wedding process before the whole Church. In addition, the couple is conceived as an image of the indissoluble unity of Christ and the Church, as well as of God and the people of Israel.
Meanwhile, there are conditions that allow the annulment of a marriage (see Catechism of the Catholic Church, n. 1629, for more details, “Code of Canon Law”). Canceled "marriage" is recognized as if it did not exist in reality - the parties are given the opportunity to enter into a marriage that will be primary.
The use of secular legal procedures for obtaining a divorce of lawful 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 a Catholic from the Church (the duty of raising children in the bosom of Catholicism is also preserved), but this state prevents participation in the sacrament of the Eucharist.
The concept of marriage in Catholicism does not apply either to secular legal procedures or to marriage between non-Catholics, which are created in “their right” (the Code of Canon Law, Corpus iuris, refers only to Latin-Catholic Catholics). In addition, a secular marriage concluded between a Catholic and a non-Catholic outside of the dispensation regime (official permission of the bishop, paragraph 1635) is, from a church point of view, neither legitimate nor, accordingly, “completed”.
In Mennonites, divorce is allowed only in the case of adultery, and in any case it is forbidden for a divorced person to remarry. Among Baptists, views on divorce differ, as a rule, each such question is dealt with by the ministers of the church individually. The following reasons for divorce are recognized as respectful: adultery (Deut.24: 1), and abandonment by an unbelieving spouse (1Cor.7: 15.).
Divorce (het) is not encouraged, but is possible within Judaism. At the same time, the position of a woman whom her husband, even the former one, did not give a divorce, turns out to be very difficult - if he never gives it, she will not be able to get married again unless he dies.
Also discouraged, but divorce is allowed (Arabic الطلا ат - at-talak ) in Islam. The husband has the right to declare a divorce, or a Sharia judge who makes a decision at the request of his wife . A divorcing man must be an adult, sane and divorced of his own accord . All the mazhabs postulate that they should not divorce their wife during menstruation or postpartum hemorrhage. In the four Sunni madhhabs, the divorce given by the husband to the menstruating wife or during that cycle when they had intimate relationships is considered forbidden (haram), but valid. In the jafarit fiqh such a divorce is not valid. Shiitrequire pronouncing a special formula of divorce and two witnesses. Sunni formula is not spelled out and the presence of witnesses is not required. A man can divorce the same woman three times. After the third divorce, spouses can agree only after a woman marries another and divorces him according to the law.
John Milton in the treatise "Doctrine and blessing of divorce" (1643) refuses the unchanging need to preserve marriage, asserts the human right not only for happiness, but, indirectly, for error [7].
According to a study by the National British Bureau of Statistics, young people aged 25-29 are divorced twice as often as other age groups. Scientists explain this by the fact that nowadays couples spend less time trying to reconcile before going to court [8].
According to the data of the demographic yearbook from 1960 to 1990, the number of divorces in Russia increased threefold [9], and according to data for 2008 only 52% of men were able to remarry, this proportion among women is even smaller - 29% [10 ].
The most painful divorce is not for adults, but for children, for whom the divorce is a tragic accident, akin to the loss of a loved one. In the short term, the stress of the parents divorce manifests itself in a child as a feeling of helplessness and loss of the integrity of the family, as well as anger because of the inability to influence the situation. In the long term, the breakdown of relations between parents can seriously affect the ability of the child to form a family in the future, as a child watching a divorce is often afraid of a repetition of such a scenario in their own lives [11].
An exception may be those cases where children in the family suffered from constant conflicts and quarrels of parents, etc. In the case of divorce, if children of preschool or school age do not fundamentally change their usual way of life, that is, change kindergarten or school, since it is precisely by preserving the habitual way of life of a child, it is possible to alleviate the experience and stress.
According to Anthony Douglas (Executive Director of Children and Family Court Advisory and Support Service (Cafcass), the parent with whom the child stayed after the divorce should not set him against the second parent. This leads to “parental alienation.” divorce, setting up against another parent should be counted as “child abuse.” Currently, most family trials relate to “parental alienation” when children are involved in parental conflicts and make them full participants. According to Douglas, parents should be held fully accountable for this form of “child abuse”. [12]
According to the research of some sociologists, during periodic recessions and crises in the economy of a country, the number of divorces usually decreases. This is explained by the fact that joint housekeeping allows spouses to save financial resources and thereby to preserve material well-being to a greater degree. For example, in Spain, the number of divorces in 2008 decreased by 12% compared with the previous year, which, according to sociologists, is due to the impact of the global economic crisis of 2008–2009 [13].
During the Nazi occupation on the territory of Russia, the dissolution of a marriage between Soviet citizens was prohibited [14].
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Interpersonal relationships
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