It is important to know when drawing up a statement of claim for divorce in court

What actions are provided to raise an objection to a divorce?

Procedural law regulates actions that involve possible objections related to the plaintiff’s filed application for divorce. A civil person who does not agree to divorce must draw up a claim and submit it to the court.

When can you file an objection?

At different stages of the divorce process, the defendant can draw up a document - an objection. It is submitted in writing to the judicial authority.

It can be done:

until the first court hearing, when the case is being prepared for hearing;
during a court hearing, when the presiding judge invites the defendant to express his point of view on the case to the court;
at any stage of the trial, but until the presiding judge leaves for the deliberation room by means of a request to include in the case objections that relate to the plaintiff’s claims.

The form of the objection document and its content can be drawn up according to the vision of the submitter, since there are no clear instructions on this matter in the procedural legislation. However, experts recommend that you take seriously the preparation of an objection to the claim, because when higher courts get acquainted with the case materials, they review and read in detail this particular document, as well as the claim itself and the protocol of the court hearing.

Legal advice

Question. My husband and I have not lived together for several years. I don’t know where he is. I want to have another marriage. How can I get a divorce without my husband?

Answer. First, try to find your spouse on your own: ask his relatives, friends, visit his last location known to you. If an independent search does not produce results, file a claim for divorce in court at the last place of residence of your husband known to you (according to paragraph 1 of Article 29 of the Code of Civil Procedure of the Russian Federation), and indicate in the claim that you do not know the place of residence of your husband. The court will submit requests about the location of the defendant to the internal affairs authorities.

Question. The wife filed a lawsuit for divorce. I don't mind, but I don't want to attend court hearings. Is it possible to consent to a divorce without going to court?

Answer. Yes. Presence at a court hearing is a right, not an obligation, of the parties to civil proceedings. Submit a petition to the court for consent to divorce and consideration of the claim without your presence. You will be notified when the case is decided.

Question. The husband is in prison for a crime committed. In which court should I file my divorce claim?

If yours, you can dissolve the marriage unilaterally. This happens in the civil registry office upon the sole application of the interested spouse. The consent or disagreement of the spouse sentenced to imprisonment does not matter.

If the term of imprisonment does not exceed 3 years, divorce is possible only through the court. File a claim at your own place of residence or at the last place of residence of your husband before imprisonment (according to paragraph 1 of Article 29 of the Code of Civil Procedure of the Russian Federation), but indicate the place of residence of the husband - the name and address of the penitentiary institution.

Question. Is divorce possible if the marriage certificate is lost?

Answer. Unfortunately, the court will not accept a claim for divorce without a marriage certificate. You should contact the registry office where the marriage took place and obtain a duplicate of the document. If it is impossible to contact this registry office in person, the request can be sent by mail.

Question. Do I need to certify copies of the statement of claim, marriage certificate and birth certificates of children in a notary office if I send documents to court in another city?

The statement of claim (each copy) must be signed personally by the plaintiff; it is not necessary to certify the signature. The remaining documents, especially if they are sent by mail and cannot be verified with the originals at the stage of accepting the claim, are recommended to be certified by a notary office.

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The receipt for payment of the state fee must be submitted in the original (it is recommended to keep a copy).

Video:

What types of objections are there?

There are 2 types of objections to divorce: procedural and substantive. Let's look at each of them.

Procedural and legal. When, for example, citizen Sidorov, during a divorce, objected to the very consideration of the case by the judicial body, and his protest was justified by the observed judicial errors, and the court recognizes this, then the issue of the unacceptability of the trial as such will most likely be resolved satisfactorily at the preliminary stage hearings.
Substantive and legal objections. When dissolving the marriage, Mr. Sidorov objected to the claims made by the plaintiff on the merits. In this case, Mr. Sidorov has the right to petition the court to apply the provisions of Part 6 of Art. No. 152 of the Code of Civil Procedure of the Russian Federation, referring to the expiration of the limitation period, thereby has the right to ask the judicial authority not to satisfy the plaintiff’s claims.

When can you file an objection to a divorce claim?

Filing an objection to a divorce claim is allowed at any time, but until the court leaves the courtroom to make a decision.

What is written in an objection to a divorce claim?

Each divorce process has its own circumstances. The defendant may present different arguments and ask the court to satisfy objections, citing different articles of the law. Lawyers organize free online consultations throughout Russia as part of question/answer conversations. Specialists will be able to provide primary legal assistance.

When the defendant draws up an objection to a claim for divorce, he can present his position in different ways, i.e.:

be against the claims made by the plaintiff (in whole or in part);
agree or refute the circumstances stated in the statement of claim; give arguments contrary to the plaintiff’s arguments;
apply for a conciliation period between the parties;
ask the judicial authority not to satisfy the plaintiff’s claims, justifying its position.

Objections to claims for divorce

On April 07, 2011, the defendant filed a claim for divorce with the magistrate of the 17th precinct of the Sverdlovsk district of Irkutsk. Definition and. O. Justice of the peace of the 17th precinct of the Sverdlovsk district.

Irkutsk, magistrate for the 13th precinct of the Sverdlovsk district of Irkutsk. Boyko G.P., in case No. 2-207-11, dated May 11, 2011, we were given a deadline for reconciliation and restoration of family relations until June 14, 2011.

In his statement of claim for divorce, ****** *. *. claims that I constantly expressed threats against her, she already addressed this statement to the Kuntsevo Department of Internal Affairs in Moscow on February 25, 2011, the check did not confirm the stated facts and ****** *. *.

this is known from the response from the Kuntsevo Department of Internal Affairs. ****** *. *. claims that I do not provide funds for the maintenance of my daughter and am not interested in her fate, these statements are also deliberately false, since ****** *. *.

I was repeatedly called by the guardianship and trusteeship authorities for conversations and giving explanations, according to my statements. In the case of my daughter ****** **** ******, which is being conducted by the guardianship authorities, as well as in the results of consideration of the application of ****** *. *.

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How to file an objection to a divorce claim?

The law also does not impose strict requirements on the form of objection. Therefore, the document is drawn up in accordance with the rules of office work. The style of presentation is formal business. The document can be printed or handwritten (in clear, legible handwriting).

According to established practice, the form of the document looks like this:

“Hat”: name and address of the judicial authority, full name. plaintiff and defendant, case number;
A brief summary of the circumstances of the case: when, by whom and against whom the claim was filed, the essence of the claims;
Statement of the defendant’s position: why he does not agree with the divorce claim;
Requirements to the court;
Date of;
Signature;
List of attachments confirming the defendant’s position.

The completed document is submitted to the court in at least two copies - to the court (for inclusion in the case materials) and to the plaintiff (for review).

When to file an objection to a claim for divorce

An objection to a claim for divorce is a written, substantiated reason stated by the defendant, which justifies his reluctance to dissolve the family union, or objections to the demands made by the plaintiff.

When the defendant can file an objection:

before the court hearing;
during a court hearing;
at any time during the court session, but until the court retires to the deliberation room to make a decision.

Statement of claim for divorce

The consideration of the case in the magistrate's court takes 1 month, the divorce is granted in one meeting if there are no disagreements. The district court makes a decision within 2 months.

If the defendant disagrees, a conciliation period of up to 3 months is assigned. If this does not change the situation and the plaintiff insists on divorce, a decision is issued.

The court decision comes into force one month after the court makes the decision (this time is given for appeal). The extract is sent by the court to the registry office within 3 days. After which the former spouses can apply for a divorce certificate to the registry office.

How to draw up an agreement to establish a child’s place of residence so as not to resolve the issue through the court?

You need to contact a notary. You will need passports, documents of the child and the agreement itself: the duties of a specialist at a notary office do not include its execution.

Is there a simplified procedure for collecting alimony?

Yes, writ proceedings. The claimant submits an application for a court order, which is issued within 5 days. This is relevant if the second spouse is not against alimony, otherwise he has the right to file an objection to the order within 10 days from the date of receipt, and further collection is carried out through a claim.

The statement of claim states:

name, address of the court;
Full name, residential address, passport details, telephone number of the plaintiff;
Full name, place of residence, passport details (preferably) of the defendant;
information about the child;
date of marriage, document details;
demands: to collect alimony, to dissolve the marriage;
the amount of alimony collected;
details of the bank account to which the defendant will transfer money for the child;
inventory of submitted documents;
signature and date of preparation.

An application for divorce can be submitted to both the magistrates' court and the district court. The choice depends on the surrounding circumstances. So, if there are no disputes about the place of residence of children and the division of jointly acquired property, you need to submit an application to the magistrate’s court. If the spouses still do not agree on the above issues, they should contact the district court.

In order for the authorized body to consider a citizen’s request for divorce, the application must be supplemented with a list of papers. The list of required documents is presented in Article 132 of the Code of Civil Procedure of the Russian Federation.

To have a marriage dissolved, you will need to present:

a copy of the divorce petition;
original certificate of official registration of relations;
copies of birth certificates of a minor child;
other documents confirming the circumstances of the case;
a receipt confirming the fact of payment of the state duty.