Time limit for reconciliation of spouses
Sometimes the decision to divorce is made by one of the spouses impulsively, under the influence of emotions or short-term circumstances. When there is hope for saving the family, it is advisable for the court to set a period for reconciliation.
Time limit for reconciliation in case of divorce
The judge may assign a “period of grace” for reconciliation between the spouses if he sees that in a particular situation there is no irreparable breakdown of the family, and the dissolution of the marriage can be avoided. Let us note that this is not a duty, but a right. Hearings in the case may be postponed either at the initiative of the judge or at the request of one of the parties to the proceeding.
This usually happens when one of the spouses does not agree to a divorce. In such a situation, the court clarifies the following points in detail:
- circumstances of family life;
- the true motives for divorce of one and the denial of the other side;
- the possibility of further joint life of spouses without limiting their interests and the interests of children, if any.
The main purpose of the “deferment” is to determine whether it is possible to save the family in the future and to take measures to eliminate the reasons that served as the prerequisites for the breakup of the union.
Time limit for reconciliation between spouses during divorce
The length of the period is determined by the judge based on his own opinion. It can provide, for example, 2 weeks and 6 months. The maximum waiting time is six months and can be prescribed once. It is also possible that the term will be set several times if, after the previous one, the spouses still refuse to separate, and the judge continues to observe the grounds for the possible preservation of the family.
It should be noted that even if a minimum period for reconciliation is assigned, the divorce procedure in court will take at least one month.
Reducing the period for reconciliation of spouses during divorce
As a rule, if the initiator of a divorce is firmly confident in his intentions, he will strive to shorten the reconciliation period. This is possible in several cases:
- the plaintiff continues to insist on divorce and gives valid reasons that maintaining the family is impossible (for example, long-term separation);
- the spouses agreed and submitted a joint request or separate requests to reduce the waiting period.
The reconciliation period cannot be appealed through the cassation and appeal procedures, since it is not a radical obstacle to the consideration of the divorce case.
The judge may decide to shorten the assigned waiting time or even use the waiting time for conciliation. However, he also has the right to refuse the request to leave the previously appointed time unchanged.
Time limit for reconciliation upon divorce through court
The deadline for reconciliation of spouses is set by the court if there is a chance of saving the family. During this time, if possible and in the interest of the judge, measures are taken to determine the reasons for the divorce and eliminate them.
The waiting time may be reduced if there are good reasons for this. One way or another, it cannot be more than six months, and if, after the period has expired, at least one of the spouses continues to insist, the divorce will be completed.
Services of a family lawyer
A family lawyer will provide you with legal advice and help you draw up all the necessary documents to obtain a period for reconciliation between the spouses.
