When getting a divorce, pay off the loan

The legislative framework of the Russian Federation does not exclude cases when a divorce procedure can be suspended. First of all, this is associated with a change in the intentions of the spouses who decided to preserve the family, or due to the rejection of the petition by the authorized body. Refusal of divorce on these grounds is strictly regulated. It is also worth pointing out that an annulled marriage is subject to restoration based on the norms of the Family Code.

Grounds for refusal of divorce in the registry office

In the registry office, the annulment of a marriage relationship occurs by mutual consent of the married couple and in the absence of common minor children (under the age of majority). If these conditions are not met, refusal to divorce is guaranteed already at the stage of accepting the application.

They will definitely not accept the application if only one spouse submits it, without having a permitting power of attorney from the other half. Unilateral divorce in the registration authority is allowed when one of the couple:

• declared an incompetent person or missing;
• serving a long prison sentence (more than 3 years).

In addition, there are other grounds for refusal:

• not a complete package of documents was provided;
• the wrong application form has been filled out (forms 9-11 are relevant - depending on the circumstances);
• gross errors were made when filling out the application;
• There are points that contradict the norms of the law of the Russian Federation.

Disputes between spouses regarding acquired property are not a reason for refusal of divorce. A couple can quickly separate without judicial intervention, and subsequently go to court to resolve a property issue or reach an amicable agreement between themselves by drawing up an agreement.

If you have joint children under the age of 18 and disagreements about things acquired together, you can only get a divorce through the court. If the refusal is received for technical reasons (gross errors, lack of documents, etc.), then everything must be corrected and the application tried again.

How to refuse a divorce in court

Divorce is one of the grounds for ending a marriage, along with the physical or legal death of one of the spouses, as stated in Article 16 of the Family Code.

This is a procedure that, depending on the circumstances, can take place on an administrative or judicial level, in accordance with Article 18 of the Criminal Code. Most often, unilateral divorce is the reason for considering the case in court proceedings on the basis of paragraph 1 of Article 21 of the Family Code.

The norms of family law establish that spouses who have common born or adopted minor children cannot divorce within the framework of an administrative procedure, since in this case a number of questions related to the children arise: who will they stay with after the divorce, who will owe what and how much? pay alimony and so on. They cannot be resolved in the registry office - it is necessary to go to court.

Important!

The last ground for divorce within the framework of a judicial process is the refusal of the spouse to obtain an administrative divorce.

Even after filing a petition for divorce, the process can be reversed. For these purposes, according to paragraph 2 of Article 23 of the Family Code, even with the mutual consent of the spouses to divorce, the corresponding decision is made by the court no earlier than a month after they filed the claim. In cases where only one of them wishes to divorce, this period may be increased at the discretion of the court to three months, in accordance with paragraph 2 of Article 22 of the Family Code. This is the time for reconciliation.

Within the specified time frame, the plaintiff can refuse the divorce at any time, according to the rules of Article 39 of the Civil Procedure Code. Refusal is permitted only if it does not conflict with the legitimate interests and rights of third parties. It is impossible to take away the claim in the literal sense, but you can file an application to abandon the claim. According to Article 173 of the Code of Civil Procedure, this terminates the proceedings, which means that the plaintiff has the right to a refund of the paid fee, in accordance with paragraph 3 of Article 333.40 of the Tax Code.

Important!

Refusal of the divorce does not mean that the plaintiff is deprived of the right to file a claim for divorce again. Marriage relationships last over time and change, which means that the factual side of the matter will also change.

Can a court refuse to divorce a marriage?

During divorce proceedings, they are guided by the provisions of Article 17 of the RF IC, which states that divorce can be unequivocally denied to men in two cases:

• pregnant wife;
• a child who is not yet a year old.

If a woman is categorically against breaking off the marital relationship, even the court has no right to do so. The only exception is if the child died during childbirth or did not live to reach one year of age.

In the absence of the above circumstances, divorce proceedings may be delayed for a number of other reasons:

• reconciliation period - the couple is given a period of 3 months (if the other party does not agree to terminate the marriage relationship);
• resolving disputes regarding additionally put forward demands: about the place of residence of children and the procedure for their maintenance, division of acquired property - takes about 4 more months;
• deliberate opposition on the part of the second spouse (avoidance from attending court hearings without compelling reasons, filing appeals) - the hearing can be postponed 3 times, for a total of 3 months.

Reasons for the court's refusal to grant a divorce

A number of reasons why a divorce will be categorically refused are prescribed in state legislation. A husband does not have the right to ask for a divorce if:

• wife is pregnant;
• Less than a year has passed since giving birth.

If the spouse has objections, the court will not consider the spouse’s petition. To protect the life and health of mother and child, the legislation has prescribed such conditions. The court does not take into account cases when:

• the spouse is expecting or has given birth to a child from another man;
• the child did not survive the birth process;
• the child lived less than one year;
• a child from a previous relationship or marriage who is under one year old.

The psychological and physiological state of the woman and child before the expiration of the one-year period is taken into account. Within twenty-one months, the husband's claim for divorce is not accepted in court. Divorce through the court is impossible under these conditions. The husband's doubts about the truth of paternity are also not grounds for starting divorce proceedings. Objections and appeals will be refused to be considered. According to the laws of the state, no one can be forced to live with a person in marriage. Divorce of a family and marriage by a court is a matter of time. The main thing is to complete the consideration of the case in court, excluding serious conflicts that affect the psychological state of all participants in the process. If possible, in the event of divorce, it is necessary to avoid the intervention of judicial authorities.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Is it possible to withdraw a submitted application?

The main condition for the dissolution of marriage in the registry office is the voluntary consent of the two parties. If one person has changed their position or the couple has decided to keep the family together, you can withdraw the application. It is not for nothing that the law provides for a month’s period that is given to spouses to settle relations. If reconciliation has occurred, you do not have to show up for the trial on the appointed date. Then the application is canceled automatically.

It is worth noting that if a divorce is refused, the fee paid to the state budget is not returned. When the application is withdrawn by a dissenting person, the second of the pair, who has not changed his intentions, acts through the court.

How is a lawsuit withdrawn?

The procedure for conducting divorce proceedings is regulated by the Investigative Committee and the Code of Civil Procedure. One of the spouses who initiates the divorce, or both by consent, resort to judicial assistance. To do this you will need to write a statement of claim. Such cases are considered within 1-3 months.

If divorce proceedings have already begun, and the couple has reconciled and changed their mind about separating, the plaintiff can abandon his intentions within the three-month period given for reconciliation. Possible actions:

• at the court hearing they voice their desire to withdraw the claims (this expression of will is recorded in the protocol);
• Before setting the date for the trial, they write a statement of refusal to divorce.

In this situation, the proceedings to terminate the marriage are stopped, on the basis of which the judge makes a ruling. In this case, the state fee is refundable in full. If a verdict has already been rendered in the case, then it is no longer possible to abandon the claim. The only thing left is to re-register the marriage.

An objection to divorce can be sent to the court by the female defendant outlining compelling reasons (pregnancy or raising an infant). This can be done at any stage of the proceedings before the final decision is made: at the preparatory stage or directly at the meeting, when the defendant is given the floor. The objection can be handwritten or expressed orally. As a result, the judge issues an order to dismiss the case.

Sample objection and how to draw it up

The law does not provide for a universal form of objection. But it is recommended to adhere to certain content rules when compiling:

• name of the court district;
• case number;
• initials and registered address of the applicant and the defendant;
• request to give time for reconciliation or refuse divorce;
• date and signature.

When sending objections to the court, you will need to provide documentary evidence of your reasons (child certificate, medical certificate of pregnancy, etc.).

Grounds for refusal to divorce

The Family Code does not contain any grounds for refusing a divorce by a court. According to Article 22, if one of the spouses disagrees, the judge may order a maximum of three months of delay in order to reconcile the parties, and if this does not happen, dissolve the marriage. If both parties intend to divorce, then the court also cannot refuse and makes a decision on divorce in a shorter period of time.

Important!

The registry office may refuse a divorce if the circumstances of the case provide for the need to go to court.

Filing an appeal

All citizens have the right to appeal a judicial act until it has acquired legal force (this is given 30 days).

If the defendant was not present at the court hearing for objective reasons, but there are grounds that do not allow an absentee divorce, she has the right to send an appeal to the same authority. According to judicial practice, complaints from pregnant women or those raising a child under 12 months of age are mainly satisfied. In other situations, requests are rejected.

Is it possible to restore a marriage?

Russian family legislation provides for situations in which a terminated marriage can be resumed. This applies to cases where the spouse was declared dead or missing (Article 26 of the RF IC).

Important points:

• A citizen is declared dead if there is no information about him for 5 years (Article 45 of the Civil Code of the Russian Federation);
• a person is declared missing under the same circumstances, but the period is limited to one year (Article 42 of the Civil Code of the Russian Federation).

Any of the listed options requires official confirmation, which is obtained in court.

Let's consider a situation where a divorce was carried out on the basis of this law, and a person suddenly appears and expresses his disagreement. If the preservation of family relationships is mutually supported by the couple, then when they go to court, the previously made decision will be annulled. Another scenario is also possible - having unilaterally divorced, the spouse remarried (got married). Then the past marriage will not be restored.

Divorce in court

The Family Code of the Russian Federation and the Law “On Acts of Civil Status” dated November 15, 1997 No. 143-FZ lists situations when spouses, before making a record of divorce in the registry office, must initiate a lawsuit and obtain a decision ending their marital relationship:

1. An application is submitted to declare the husband/wife incompetent due to mental illness or missing. Having in hand a court decision made in a special proceeding (Chapters 30, 31 of the Civil Procedure Code of the Russian Federation), the spouse can dissolve the marriage through the registry office unilaterally.
2. Spouses who have common children under 18 years of age and have agreed on the procedure for communicating with them apply to the magistrate. If there is a dispute about the place of residence of children and other issues related to this, the case will be heard in the district court.
3. A marriage is dissolved in court if the husband or wife does not want to get a divorce or does not object, but does not appear at the registry office or MFC to submit the appropriate application.

In situations from paragraphs. 2 and 3 of the above list, a corresponding claim is filed, legal proceedings are initiated in the manner established by subsection II of section II of the Code of Civil Procedure of the Russian Federation.

Sample statement of claim for divorce More details

FAQ

Having decided to divorce by consent, we submitted an application to the registry office. There they told us that a divorce would be carried out in a month if we did not reconcile. After some time, we decided not to break off relations and did not go to collect the certificates. Is our marriage dissolved or not?

No. In order to register a divorce, the presence of at least one of the couple is required. In this case, the divorce will be refused and the application will be cancelled.

I want to separate from my husband, but he lives in another city. If I file a claim at my place of residence, will they refuse me?

According to Art. 29 of the Code of Civil Procedure of the Russian Federation, a statement of claim can be sent to the court district according to your registration, if for significant reasons (illness or no one to leave a small child with) it is impossible to visit the court at the defendant’s place of residence. In other cases, the claim is sent by mail or e-mail.

Together with my wife, I filed an application for divorce at the registry office. After the month's deadline that we were given, I was literally a day late to receive the certificate. As a result, the marriage annulment was refused. Are such actions legal?

They do not have the right to refuse a divorce. The failure of one of the couple to appear at the divorce procedure is not a reason for rejection of the requirements. It is necessary to request a written justification for the refusal and appeal the negative decision in court. The claim must be filed in the judicial district at the location of the registry office.

I divorced my husband on the grounds that he was declared missing. Suddenly he showed up and wanted to restore the marriage. Will he be able to do this if I don't want to?

Resumption of marital relations is possible only with the mutual consent of the two and the preparation of a joint application, which is sent to the registry office. No other way.