Cancellation of divorce: how to withdraw an application

Divorce methods

According to Russian law, divorce is carried out in the registry office or in court.

Documents are submitted to the first instance in the following cases:

mutual consent to divorce;
absence of minor children and property disputes;
the presence of one of the spouses in a colony, if the sentence is more than 3 years;
recognition by the court of a spouse as missing or incompetent.

The divorce procedure in court occurs in a situation where:

spouses have minor children;
the spouses have not reached agreement on the further procedure for raising children and their place of residence;
there are property disputes combined with a divorce claim;
one of the spouses does not consent to the divorce.

Divorce through a magistrate's court is possible if the spouses have no disputes about with whom the child or several children will live, the amount of alimony, and the value of the jointly acquired property declared for division does not exceed 50,000 rubles. In all other cases, the divorce process takes place in the district court.

The parties receive copies of the court decision on termination of marital obligations 1 month after the court hearing and can submit the said decision to the registry office for registration.

How to cancel a divorce?

Emotions play a big role in the decision to divorce, so in some cases, after a certain time, the spouses change it and no longer want to get a divorce.

Unfortunately, difficulties may arise with the cancellation of a divorce that took place through the registry office; in court, the spouses have the right to withdraw their application before considering the case on the merits.

Important! The easiest way to “get everything back” is to re-register the marriage after the divorce process has taken place.

Is it possible to annul a divorce at the registry office?

If the spouses have decided to divorce, this does not mean that in a week or two the couple will not change their minds. After submitting a joint application confirming agreement with the termination of family registration, applicants have the right to withdraw it within a month. To cancel the process of ending family life that has already started, the presence of both spouses is necessary.

This is the period allotted for making final conclusions about the possibility of saving the family or separation. Refusal of a divorce at the registry office is possible only within 30 days after filing the application. Once the divorce certificate is received, the divorce process is considered completed. It is impossible to cancel a break after the cooling-off period has passed.

Is it possible to cancel the registry office's decision on divorce?

When filing an application for divorce with the registry office, spouses are usually given one month for reconciliation. The marital obligations between them will continue if they do not report to the institution after this period of time. The application is considered extinguished and the petition for divorce is annulled.

If the divorce does take place and the relevant changes are made to the civil registry office, then the divorce cannot be annulled.

Those wishing to restore their marital relationship will have to apply again to the registry office for marriage. The details of this action (date, record number, etc.) will be new.

Refusal of divorce in the registry office

Spouses filing for divorce at the registry office are usually given a month to think about it. If during this time they change their mind about getting a divorce and do not come to the institution, then the application will be considered canceled and the petition for divorce will be annulled.

If a divorce has already occurred in the registry office, and data about this has been entered into the civil status acts, then annulment of the divorce is impossible. However, if the former spouses realized that the divorce was a mistake and they want to become a family again, nothing prevents them from registering the marriage at the registry office again. In this case, its details will be different.

Is it possible to cancel a court decision on divorce?

If the claim for divorce has just been accepted by the court, the plaintiff may withdraw it before the case is considered on the merits. To do this, he needs to submit an application to the court office, indicating the reasons for abandoning the claim. In this case, the plaintiff does not have to worry about financial or legal consequences.

It is important to know that if the spouses nevertheless decide to divorce, then only one spouse will be able to initiate this process. The second has the right to agree or disagree with the submitted claim during the court hearing.

If the plaintiff decides to abandon the claim during the trial, he can directly state this orally to the judge or by filing a written petition.

His statement will be entered into the minutes of the court hearing, and the proceedings will be terminated due to the fact that the plaintiff abandoned the claim.

This has the following consequences:

the proceedings are terminated;
repeated filing of the same claim and on the same grounds is not allowed.

Example. Plaintiff A. filed for divorce, indicating that her husband does not work and does not want to support his family. During the trial, the plaintiff withdrew the statement of claim and she renounced the demands, and a month later she again filed the same statement of claim. The court refused to accept the claim, since repeated appeal to the court by the same parties and on the same grounds is unacceptable. The updated claim, in which the plaintiff indicated that her husband beat her and confirmed this fact with evidence, was accepted by the court for proceedings.

If the spouses were given a certain time for reconciliation and it took place, then they have the right to make a statement about this at the court hearing. They can also file a petition to terminate court proceedings, both during the trial itself and before it begins.

How can you overturn a court decision on divorce?

Once the court has ruled that the marriage has been dissolved, either party has a period of time to appeal. The judge notifies that the right to appeal is preserved within a 30-day period. To draw up an application, use an A4 format form, and the text is written by hand or typed on a computer. The main thing is that the application bears the personal signature of the applicant with a transcript and date. Since a court decision to divorce spouses can be overturned only by filing an appeal indicating the reasons for challenging, it is necessary to comply with the requirements for the details:

The name of the court where the termination case was heard.
Full name of the judge who heard the case.
Information about the identity of the plaintiff and defendant in the case (full name, address).
Data on registration and divorce (place, time).
Grounds for reversing a previously made decision. Particular attention is paid to this point, the reasons for filing the application, the grounds for cancellation - this point should be described in as much detail as possible, since it is necessary to prove that errors or procedural violations were made when making the previous decision.

Among the most common grounds for canceling termination, the interested party gives the following reasons:

insufficient notification of the consequences of divorce proceedings;
incomplete information about methods of reconciliation;
incorrect interpretation of the facts revealed during the trial;
the case was considered in the absence of any of the participants in the case;
failure to comply with notification requirements regarding the place and date of a meeting;
there was no interpreter at the trial when one of the parties needed a qualitative understanding of what was happening;
errors with documentation;
confirmed fact of exerting pressure on the court.

It must be understood that any argument of the applicant must be supported by documentary evidence.

Cancellation of divorce in court

Since it is difficult to cancel a divorce after a trial, you should not rush to go to court if there is hope of restoring the relationship. The judge, seeing the unwillingness of one of the parties to separate, will grant a delay of up to 3 months for the couple to try to reunite.

Until the court announces the decision, the initiator of the separation has the right to stop the legal process by writing a statement to withdraw the claim indicating the reasons. The document is submitted to the office, indicating the details of the case and information about the plaintiff. The trial is terminated by a settlement agreement.

If both spouses were the initiators, only 2 participants in the process will be able to cancel the divorce process.

Cancellation of a divorce decision through an appeal

After the court makes a decision on divorce, the spouses can appeal it. Within a month, they must file an appeal, in which they indicate the grounds for canceling the divorce decision.

There can be any grounds, the main thing is to get the complaint accepted and the case referred to appeal. In a higher court, the parties can enter into a settlement agreement, or the plaintiff can abandon the claim. Art. 326.1 of the Code of Civil Procedure of the Russian Federation provides such a right to the parties.

Based on this, the appellate court will cancel the previously adopted divorce decision.

Important! The appeal is filed to the same court that rendered the verdict. It will then be sent to a higher court. If the case was heard in the magistrate's court, the appeal is sent to the district court. Moreover, if the magistrate poses any obstacles, the applicant has the right to file a complaint directly with the district judge - it will be transferred to the magistrate to prepare the case for appeal.

Writing an appeal is not an easy task. In order for the complaint to be accepted by the court, it is necessary to avoid errors and any inaccuracies, ensuring that the document is drawn up in strict accordance with the legal requirements for the completeness of the contents of the complaint.

The complaint must indicate:

full name of the court;
last name, first name, patronymic of the plaintiff and defendant, as well as other information: their residential addresses, telephone numbers;
name - “appeal”;
the essence of the complaint (in this subsection you must write what should serve as the basis for canceling the court’s decision);
demand to the court to cancel the decision, dismiss the case;
date and signature of the applicant.

Sample appeal for divorce

The following documents must be attached to the appeal letter:

copies of the claim (2 copies);
a copy of the court decision;
receipt of paid state duty (150 rubles, i.e. 50% of the amount of the duty for a non-property claim);
other documents substantiating the requirements.

Important! If the plaintiff abandons the claim, the court is unlikely to carefully study the arguments of the complaint and promptly terminate the proceedings.

If a lot of time has passed since the decision was made and the period cannot be restored, then annulment of the divorce in court will be an impossible task. The easiest way for spouses will be to register their marriage again.

How can a spouse who does not agree to divorce challenge a court decision on divorce?

Article on the topic: Divorce

When one of the spouses insists on divorce, and the other does not consent to this and makes every effort to ensure that the divorce does not take place, the final battle for such a couple will be the courtroom.
The ending of this trial, as a rule, is predictable: either during the first court hearing, or after three months (given by the court to reconcile the spouses), the marriage relationship will be terminated. The spouse who filed the claim will certainly triumph. But what should the second spouse who is not satisfied with this court decision do: resign himself or try to defend his rights? If a spouse who initially does not agree to divorce intends to appeal the court's decision to divorce, then he should familiarize himself with some of the intricacies of legal proceedings that can help preserve the marital relationship.

Firstly , depending on the court where the case was considered, one or another procedural mechanism will be involved during the appeal, and, therefore, different documents will be required. If the magistrate acted as the court of first instance (i.e., the court that directly examined all controversial issues regarding divorce), then no later than one month from the moment he made the decision, he will need to file an appeal. This document is submitted to the same judge, and then sent by him to the district court, which will consider the received paper. When the initial consideration of the case was carried out by the district court (for example, in the event of a dispute about children), then if you disagree with its decision, it will also be necessary to initiate appeal proceedings. To do this, you must file a complaint within the same month. The place of consideration of the appeal will be the Moscow City Court (in Moscow).

Secondly , any complaint must not only meet the formal requirements for such documents, but also be justified. A complaint that indicates disagreement with the court's decision, which is not supported by any arguments, will simply not be considered. The essence of any complaint should be the grounds that, in the opinion of the applicant, may serve to cancel (change) the decision made by the court. For example, when considering the materials of a divorce case, the judge did not properly consider counterclaims. The preparation and execution of the document should be entrusted to a qualified divorce lawyer who can competently, referring to the current legislation, justify the illegality and groundlessness of the existing court decision.

Thirdly , if the court of second instance finds the facts set out in the complaint convincing, then it can make a new decision on the case, otherwise it will leave the existing decision in force. During the legal vicissitudes, which can last a total of five months, you can try to save the family by taking effective steps towards reconciliation.

Can a divorce be annulled?