Is it possible to withdraw a claim for divorce?

Legal basis of the issue

The legislation of the Russian Federation regulates the termination of marriage relations:

• Article 16 of the RF IC determines cases when a divorce is filed.
  One of the spouses died.
• According to the husband and wife.
• Article 17 of the RF IC defines two methods of divorce - through the registry office and in court.
• Article 19 of the RF IC regulates the divorce in the registry office. Divorce through the civil registry office is possible if the spouses do not have minor children together. Also, a divorce through the registry office is issued in the following cases:
  the husband or wife is considered missing;
• one of the spouses is declared incompetent;
• the husband or wife has been convicted of committing a crime for a term of imprisonment of more than three years.
• Article 20 of the RF IC regulates the procedure for resolving controversial issues arising between spouses.
• Article 21 of the RF IC controls divorce in court. The conditions are the presence of joint minor children and the evasion of one of the parties in the absence of claims from the dissolution of the marriage in the registry office.
• Article 22 establishes the need to dissolve a marriage in court if one of the spouses does not give his consent. The court has the right to issue a divorce if there are no prerequisites to save the family, and may also give a period of 3 months for reconciliation of the parties.

The procedure for divorce in the registry office and court

Divorcing a marriage through the registry office is easier than in court.
To do this, both spouses need to write an application. If the couple does not have common adult children, the marriage will be annulled within a month. In the event that a husband or wife, by mutual consent, cannot come to the registry office in person, they draw up a notarized consent to divorce. If the spouse is in custody or serving a sentence in a place of deprivation of liberty, then the application is certified by the head of the institution.

Only one of the spouses can be present during the divorce.

The procedure for dissolving a marriage through the court is mandatory if the spouses have common minor children. This is a long process: first you need to write an application and collect a package of documents. The court may allow time for reconciliation of the spouses, about 3 months.

During the litigation, issues are resolved about:

• division of jointly acquired property;
• determining the place of residence of children;
• maintenance of husband or wife;
• the order of raising children;
• payment of alimony, etc.

If one of the spouses is against the divorce, then the dissolution of the marriage through the court will be delayed for another 3 months.

Acceptance of an application for divorce

After filing a claim with the court office, the question of whether it will be accepted for consideration is decided within 5 days. If the claim is drawn up in accordance with all the rules, the fee is paid and there are no complaints about the attached documents, the application is accepted for processing, which the court informs the plaintiff about. The first meeting is usually scheduled after a month. Both parties are notified of the exact date, time, and location.

Many people ask the question: “Why do you have to wait so long?” This is due to the peculiarities of legal proceedings, regulated by a whole set of procedural norms and rules. In addition, judicial practice traditionally adheres to the rule “to give the plaintiff time to think.” During this month, the claim can be withdrawn if the plaintiff changes his mind.

Is it possible to revoke a document from the registry office if you change your mind about getting a divorce?

In the case where the divorce application was written in a heated state, and then both spouses thought that they would like to save the family, you need to take it away. To do this, you should personally visit the registry office.

Who has the right to submit paper?

Only both spouses must apply for a waiver of divorce proceedings. This cannot be done unilaterally.
The spouse who initiated the divorce must submit the applications to the government agency. The petition must be submitted no later than 30 days from the date of writing the divorce petition.

How to make a return?

To process the return of an application for divorce from the registry office, the spouses need to draw up a petition. A form to fill out is obtained from the relevant government agency. The following points need to be indicated:

• the full name of the registry office, whose employees accepted the application for divorce;
• Full name, place of registration, personal data of the plaintiff and defendant;
• description of the reasons for divorce;
• substantiation of reasons for termination of divorce proceedings;
• dates of filling out the application for divorce and filing the petition;
• signatures of the plaintiff and defendant.

There is no unified form for drawing up an application for the registry office. The data provided will be sufficient for consideration by the authorized bodies.

To finally stop the divorce process, spouses are recommended to submit to the registry office a notarized agreement of the spouses on termination of the divorce procedure.

Consequences of the recall

If all the rules are followed, the registry office usually makes a positive decision to withdraw the divorce application. Government agencies are interested in preserving the family.

When one of the spouses is absent for a valid reason during the filing of an application for a stay of divorce proceedings, this must be described in detail in the application. Both husband and wife must be present at the court hearing to suspend the divorce.

The consequence for both spouses is the same - they will not be refunded the state duty that is levied on divorce. According to Art. 333.40 of the Tax Code of the Russian Federation, it will be impossible to use this payment again when filing an application for divorce.

Application processing time and further actions

Having figured out whether it is possible to withdraw a divorce application, it is worth studying the time frame within which this can be done. When initially filing an application for divorce, with the mutual consent of the spouses, if there is no need to divide joint property, the registry office authorities give one month for reconciliation. If during this time the husband and wife change their minds and file a petition not to divorce, the first petition will be annulled and the marriage will be saved.

The court takes longer to consider a divorce case – up to 90 days. If during this time a married couple agrees to live together again and solves their property problems that were the cause of the first claim, for example, that the deed of gift for an apartment cannot be divided in the event of a divorce, they can submit a new document. The new petition and the necessary package of accompanying documents will be considered in due time, and the court will make a new decision.

Once a divorce has been decided, both parties can apply to have the first property or non-property claim set aside and the decision annulled. This can be done within 10 days after the decision in the divorce proceedings is made.

If one of the parties believes that the court made mistakes and violations of current legislation, it has the right to appeal. The period for appealing court decisions is 30 days from the date of the verdict.

Is it possible to overturn a decision if the case is in court?

Unlike the divorce procedure through the registry office, in the case of resolving controversial issues in court, the initiator of divorce may be one of the spouses. The consent of the other party to the issue is not necessary. If the application was written by a husband and wife, then they must withdraw it together.
You can stop the divorce proceedings at any time before the judge makes a final decision.

Is it possible to refund the state duty?

It is possible to return the state fee in whole or in part after the withdrawal of the divorce application in such cases.

1. The state duty was paid in a larger amount than required. You can return the difference after submitting an application of the established form within 3 years from the date of payment.
2. The court refused to accept the application or returned it to the plaintiff. If the fee is not returned, it will be taken into account the next time you submit an application, but 3 years must not pass from that moment. The new application must be accompanied by a receipt confirming payment.

Full or partial tax refund depends on the decision of the court involved in the divorce proceedings.

Who can revoke a document?

The initiator of the divorce procedure can withdraw the application for divorce.

If both spouses filled out the application, they must both file a motion to stop the procedure.

Procedure for registration of refusal

If the case has not yet been considered and there has not been a court hearing on it, the plaintiff needs to file an application to stop the divorce procedure. The petition is drawn up in the name of the judge. It states the following points:

• personal data of spouses;
• reasons for termination of divorce proceedings;
• date of filing the application;
• confirmation of awareness of the consequences of withdrawing the divorce petition;
• personal signatures of husband and wife, deciphered by initials.

Also, at the court office, the plaintiff will additionally be given a form in which to fill out the details of the case. Once all the paperwork has been written and submitted to the judge, the claim will be dismissed by settlement.

If the plaintiff decides to refuse the divorce, he can verbally state this during the trial.

This is entered into the minutes of the court hearing, the proceedings are terminated due to the fact that the plaintiff abandoned his claim.

As a rule, the court is cooperative in matters of family preservation and closes such cases with the consent of both parties.

What reason should I write?

The reasons for stopping the divorce procedure may vary. Spouses often indicate:

• desire to raise children together;
• the opportunity to find a compromise;
• the conflict was resolved peacefully, etc.

The court is interested in preserving the family, so the judge in most cases makes a decision to stop the process.

Objection

The defendant has the right to send the magistrate an objection to the petition for divorce filed by the plaintiff.
This is possible if he does not agree with the requirements, considers them unreasonable and cannot be fulfilled. The defendant in his petition asks fate to reject the plaintiff’s request for divorce and give time for reconciliation of both parties. Such a document is drawn up according to the established template, which can be viewed in the court office.

Consequences

According to Article 221 of the Civil Procedure Code of the Russian Federation, the proceedings are terminated by a court decision.

Repeated appeal to the judicial authorities related to a dispute between the same parties and on the same issue is prohibited.

Can I file a claim a second time?

Art. 221 of the Civil Procedure Code of the Russian Federation suggests that after the cancellation of a claim for divorce for the same reason, it is impossible to re-file an application. If one party continues to want to end the marriage with the other, then the claim will need to indicate a different reason.

In this case, it will be possible to get a divorce, but the court will take more time to make a decision.

Is it possible to file a claim for divorce a second time if it has been withdrawn?

The current legislation of the Russian Federation also provides for cases in which both spouses, after withdrawing the claim, want to resume the divorce process .
According to legal regulations, this procedure is impossible, and it is no longer possible to put the returned document into effect.

Using an example, we can consider the following situation. The couple filed for divorce and after some time reconciled. When withdrawing the application, reasons were given in the form of a change in circumstances and finding a compromise between the two parties to save the family.

After some period of time, nothing changed in the couple’s relationship, and they eventually came to a divorce. When considering this case, an important aspect is to fill out a new application for divorce, since the old presentation of the document is not suitable and a new explanation of the current circumstances is required.

Convincing reasons include the fact that there were agreements that the other party did not try to fulfill, which led to a repeated appeal to the court. All circumstances must be stated clearly and reasoned so that the judge does not have additional questions during the trial.

Moreover, the question of how to withdraw a divorce application from the registry office does not depend on who filed the documents. In this case, the mutual desire of both spouses is sufficient. Therefore, before carrying out the divorce process, you must weigh all the pros and cons of the current situation and make the right choice!

In what situations do authorities refuse to divorce?

In legal practice , there are cases where a husband and wife were denied a divorce. The registry office usually does this in the following cases:

1. When this structure does not have the right to consider the application (if the couple has a minor child).
2. One of the spouses does not give his consent to the dissolution of the relationship.
3. One of the applicants does not have an identity document.
4. Lost marriage certificate.
5. The marriage was declared invalid according to Art. 27 RF IC.

The court refuses to initiate divorce proceedings in the following cases.

1. When the desire to divorce comes from the husband of a pregnant wife or a wife raising a child under one year of age. At the same time, she must disagree with the start of the divorce process.
2. If the plaintiff did not attach all the documents to the case, he paid the fee incorrectly. In this case, the court informs him about the problem that has arisen, and after it is resolved, the case is accepted for proceedings.

Divorce is a serious procedure that should be approached responsibly. It is recommended to draw up a statement in cases where it is impossible to reach a compromise, and both spouses understand this. If the desire to break the marriage ties came after a major quarrel and the decision was made to cancel the divorce process, you may face legal consequences in the future.

Motivations for withdrawing a divorce petition

In order to terminate a divorce case filed in court and cancel the stated claim, the applicant must convincingly formulate the reason for his decision.

The court may accept, for example, one of the following reasons:

• the spouses decided to save the marriage because it would be much easier to raise children in a two-parent family;
• Having thoroughly understood the conflict, the couple came to a compromise solution.

There may be other explanations for the desire of the spouses to end the divorce case. The main thing is that their motivation is serious and convincing for the judicial body considering the case. The Court is not inclined to interfere with the reconciliation of the parties, because reconciliation is part of its immediate task and for this purpose a postponement of the court hearing is given. But if the divorce claim stated the reason for the divorce, alcoholism or drug addiction of the spouse and his aggressive behavior in connection with this, then it will be difficult for the court to believe in the motivation for withdrawing the claim, based on the plaintiff’s desire to preserve the marriage in the interests of the children.

If the established procedure for canceling a divorce petition is followed, there should be no difficulties in terminating the case.