PECULIARITIES OF THE DIVORCE PROCESS
Divorce is a difficult process from all sides, also from the legal side. As a rule, divorces have been and will be, this topic is always relevant, as well as comparing the equality of men and women in different aspects of our lives. The purpose of the research is to identify whether and to what extent the rights of both parties to the process differ, and what responsibilities each spouse has after the dissolution of the marriage. For example, Gnetova L.V. and Karpova M.A. in their scientific article “Divorce process in the Russian Federation” also touch upon the issues of the divorce process, but more profound and complex, and Koscheev A.V. in his work “Dissolution of marriage under the Soviet legislation” shows us the features of divorce in Soviet times in three different periods.
As a rule, if both spouses agree to the divorce and do not have common minor children, it will be much easier to dissolve the marriage without a court, and in the registry office. However, sometimes there are other factors that may complicate the divorce process. Basically, both sides of the process are equal before each other.
But we have another important factor – the presence of common minor children. This we will consider in more detail. The most important factor in deciding whom to give the child is the court’s own opinion, we find out his attachment to a particular parent, carefully monitor whether this decision is not imposed by others, but only if the child himself is over 10 years old. The other factors are secondary, and include the ability to give enough time to the child, and the moral qualities of both parents. Even here there is equality for both spouses, which is spelled out in Article 61 of the Family Code : “Parents have equal rights and bear equal responsibilities with respect to their children (parental rights)”. But according to ROSTAT in 9 out of 10 cases the child stays with his mother. Why does this happen? It’s all about the sixth principle of the UN Declaration of the Rights of the Child, the Declaration of the Rights of the Child , which states: “…a minor child should not, unless there are exceptional circumstances, be separated from his or her mother. And Russia as part of the UN under Article 15 of the Russian Constitution  Article 15: “4: The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those stipulated by law, then the rules of the international treaty shall apply”. In most cases the court makes its final decision based on this principle, disregarding the opinion of the child himself and the identity of the father. Already here we see how the scales are tipped in favor of the mother, that is, the woman.
The next step is alimony. This is also quite an important aspect of divorce. Many do not pay alimony, according to statistics from Rosstat, every fifth parent who should receive alimony by court order, in fact does not receive it. This also shows us how hard it is to get payments on time.