The following two tabs change content below.
- Author
- Author's articles
Anastasia Klimenkova (Lawyer)
7 years of experience.
Author: Anastasia Klimenkova (Lawyer) (All articles by the author)
- Is it possible to register at a dacha? — 05/27/2021
- Work experience for women's retirement - 05/24/2021
- How to rent out a room in a communal apartment? — 05/17/2021
In the modern world, divorce is not a rare event; many young couples break off their relationship after marriage. This process is carried out through the registry office, or you have to go to court. But there are cases when spouses change their minds about getting a divorce, but the application has already been filed, or the court has made a decision on this issue. In such a situation, you need to find out how to withdraw an application from the registry office or court, and also cancel an already made decision.
What to do if you change your mind about getting a divorce
The law has rules that govern the divorce process and outlines the steps that should be taken if a couple decides to save their marriage.
In this case, the actions of the spouses will depend on how the divorce process was supposed to take place.
First, you should find out how, according to Russian law, a divorce can occur.
Divorce is made in accordance with life circumstances, and it can be carried out through the registry office or in court.
When applying to the registry office, citizens must have the following conditions:
- the consent of the spouses is mutual;
- There are no minor children in the marriage.
When it is necessary to carry out a divorce through the court, other conditions are taken into account:
- there are minor children in the family;
- one of the spouses does not give his consent to divorce;
- Disputes arose between wife and husband regarding the division of property.
In each of the described cases, the process can be annulled; to do this, the spouses should withdraw the claim from the court, or withdraw the application by contacting the appropriate department.
Note! Citizens have the right to withdraw a claim within thirty days from the date of filing. When this time expires, the spouses are legally given 90 days to restore the marriage.
Options for ending a marriage
The procedure for dissolving marriage and family relations is regulated by Family and Civil Law. So, based on Art. 18 of the RF IC, divorce can be carried out in one of the following authorities:
- in the civil registry office (registry office);
- in the magistrate's or district court.
The procedure for a married couple to cancel a divorce directly depends on which of the authorities is dealing with their case.
Termination of relations in the registry office
Dissolution of marriage and family relations in the civil registry office is the simplest method, which is resorted to if:
- both spouses agree to divorce;
- there are no children under age in the marriage;
- dissolution of marriage does not imply division of property.
In addition, in accordance with Part 2 of Art. 19 of the RF IC, the Civil Registry Office performs a unilateral divorce if one of the spouses is recognized by a court decision:
- unknown absent;
- insane (incompetent);
- sentenced to a term exceeding three years.
The divorce will be considered final 30 days after filing the petition. Divorced citizens will receive a corresponding certificate.
Divorce procedure in court
Dissolution of a marriage relationship in court occurs in the following cases:
- presence of children;
- disputes regarding the division of property;
- evasion of a husband or wife from a divorce in the registry office;
Termination of marriage and family relations falls within the competence of the magistrate if there are no disputes in the process:
- about the residence of children;
- about alimony obligations;
- the price of the divided property is no more than 50 thousand rubles.
Divorce cases involving the above issues are resolved in the district court.
How to pick up an application from the registry office
Contacting the registry office for a divorce is important if the spouses have a mutual desire to divorce. After applying and writing an application, citizens have the opportunity to withdraw the application within thirty days. To terminate the process, you must perform the following steps:
- visit a notary so that he can draw up a statement of mutual decision to save the marriage;
- visit the registry office, where an application to cancel the previous request for divorce must be written;
- both documents should be handed over to a government agency employee.
If the application has already been submitted, then citizens are sent home and given one month to think about it.
If during this time the couple does not come to the registry office to confirm their intentions to divorce, then the written application will be canceled.
Once a decision has been made, it cannot be reversed by law. There are exceptions to the rules, for example, if one of the parties fails to appear at the hearing due to irresponsibility.
When one of the parties nevertheless appears at the registry office and expresses a desire to restore the marriage, this can happen in the manner prescribed by law.
Termination of divorce
The legislation allows married couples who hastened to dissolve their marriage and family relations to interrupt the divorce procedure. They have the right to change the decision throughout the entire process, right up to the day of visiting the registry office or court.
However, if the couple does not meet the deadlines established by law, it will be difficult, and sometimes impossible, to refuse the divorce.
Termination of the process at the registry office
The Russian state encourages citizens not only to create families, but also to preserve them. Therefore, spouses are given a 30-day period to cancel a previously submitted application for termination of marriage. It is during this period that the couple can change their decision and withdraw the application from the registry office. To terminate a divorce proceeding you must:
- Contact a notary office to draw up an agreement to cancel the divorce.
- Visit the registry office and write a petition to cancel the previous application.
- Submit the application and agreement to government agency employees.
A prerequisite for canceling the termination of marriage is the presence of both husband and wife when filing a petition to revoke the initial application. If one of the spouses cannot visit the registry office in order to pick up the application, the second must apply to the court for permission to withdraw the application. However, this requires compelling, justifiable reasons.
In addition, part 4 of Art. 33 Federal Law No. 143 of November 15, 1997, states that in order to dissolve a marriage and family relationship, the presence of at least one of the spouses is necessary. However, if both do not come to the government agency on the appointed day, then the divorce will not take place and the application will be canceled.
If the dissolution of the relationship does occur, then such a procedure does not have retroactive effect and the divorce cannot be canceled. The spouses will receive a corresponding certificate, and to restore the family they will have to enter into a new marriage.
Refusal of divorce proceedings in court
There is a law that makes it possible to understand how to withdraw a statement from the court if the plaintiff changes his mind about getting a divorce and wants to save the family.
The judge must accept the refusal so that the divorce process does not take place. This will not bring financial consequences, as well as legal ones.
Nevertheless, the legislation provides for the fact that a citizen will no longer be able to bring such a claim to court. According to this rule, it turns out that only the defendant can dissolve the marriage.
The judge also has the right to refuse to dismiss the claim if maintaining the marriage may be contrary to the law, or violates the rights of other citizens.
If the divorce process in court has not yet begun, a citizen can visit the court and write a waiver of the claim, then it will not be considered.
The refusal describes the facts that confirm the fact of abandonment of the claim. This paper will be attached to the rest of the case materials.
When the process is already underway, and the plaintiff has decided to save the marriage, he can express his decision orally. Since minutes are taken at the meeting, this wish will be recorded in it, but its terms must be signed by both the husband and wife.
In any case, the judge is obliged to talk about what consequences the refusal of the claim may have for the plaintiff.
When the hearing is completed, and in the process the plaintiff has withdrawn his statement, the judge issues a ruling.
Each party may receive a copy of this document.
How to withdraw an application for divorce from the registry office or court?
If you filed an application for divorce with the registry office, but after some time changed your mind, you can contact the authority with a second application, with a request to withdraw the previous one. This way your marriage will remain valid.
Things are completely different if the divorce process is carried out with the assistance of the court. In this case, only the plaintiff can withdraw the application for divorce and renounce his claims. The judge is obliged to accept the refusal of claims, regardless of the current stage of solving the problem.
We also note that if the applicant first files a claim for divorce, then withdraws it, but then decides to file the claim again, the court will no longer accept it. According to the law, after you file a waiver of claims, your application to the court for similar claims will no longer be accepted.
Cancellation of a court decision on divorce
There are also situations when a court decision has already been made, and then the judge, by law, cannot give any deferment.
After the court's decision, a citizen can file a cassation appeal to appeal the district court's decision.
When a decision is made by an appellate court, an appeal will be required. The appeal must be made through the judge who made the decision in the divorce proceedings.
It is best to submit an application from two spouses at once, this will significantly increase the chances that it will not be refused.
If an agreement has been reached between the spouses, the court decision can be legally overturned.
When appealing a court decision, serious violations in the conduct of the case should be pointed out. Such violations include:
- the defendant or plaintiff was not present at the meeting for a good reason or he did not know about the process;
- the minutes of the court hearing were not attached to the court decision;
- the legislation stipulates the composition of the court, and at the meeting it did not meet the requirements;
- the judges violated the basic rules of the decision conference procedure;
- an error was made when completing the documents;
- the documentation was completed by a judge who was not named in the trial.
Having considered all the information, we can conclude that if a couple changes their mind about getting a divorce, then they have the right to withdraw their application or claim. Even if the decision has already been made through the court, it can be appealed.
The easiest way to solve this problem is if the divorce occurs through the registry office.
Your rating of the article
How to properly file an application to the court for refusal of divorce?
The application must be completed correctly. Otherwise, the court will not accept your refusal the first time. In order to draw up a document, you can seek help from our lawyers, or spend time and try to draw up a document yourself.
The statement of refusal of the claim must indicate:
- the full name of the judicial authority to which you are applying;
- Full name, registration address of the plaintiff and defendant;
- divorce case number;
- reasons for refusal of claims and divorce are indicated;
- date of application and signature.
When withdrawing a divorce by waiving your claims, pay special attention to the wording that motivates your decision. The most rational is the reconciliation of spouses. You can also indicate the reason that you have come to the conclusion that raising your children is important and divorce can cause serious psychological trauma for them. Finally, saving your family is possible thanks to the fact that you managed to find a compromise.
You can get more detailed information on how to withdraw a divorce petition from Law Group Law Firm! Contact us and sign up for a free legal consultation right now!
Is it possible to withdraw a divorce application from the court - features
Divorce through the court is carried out when there are minor children in the family, there are unresolved financial issues, or one of the spouses does not want to dissolve the marriage. Judicial divorce is carried out within the framework of lawsuit proceedings. If spouses change their minds about getting a divorce, they should find out how to withdraw the divorce petition from the court.
The spouse who initiates the divorce is considered the plaintiff, and his other half is considered the defendant. After filing the application, a lawsuit is opened, a copy of which is sent to the defendant for review.
If the plaintiff decides not to divorce, he files a corresponding petition. The defendant's opinion is not taken into account.
Is it possible to refund the state duty?
On July 26, 2021, the President of the Russian Federation signed Federal Laws, according to which changes were made to the Tax Code. Now, if the plaintiff refuses the claim before the first consideration of the case, 70% of the state duty is returned to the plaintiff. He is given 30 days from the date of filing the application when he can apply for a waiver of the divorce. Based on Art. 333 40 of the Tax Code, a receipt for payment of the state duty is submitted along with the application for refusal.
The state duty is paid by both spouses in accordance with Art. 333 26 Tax Code of the Russian Federation. From July 2021, it amounts to 650 rubles per person [1]. The form of the receipt is determined by Letter of the Federal Tax Service of the Russian Federation No. KE-37-1-1960. On the part of the plaintiff, payment is made before filing an application with the court; the lower detachable part of the receipt is attached to the claim. The defendant pays a fee when satisfying the claims. If the case does not reach a court hearing, then no fee is charged. After the first hearing, the fee is not refundable.
Who has the right to revoke a divorce?
Only the one who filed it, namely the plaintiff, can withdraw a claim for divorce. The court then sets a date for a hearing to consider the issue. On this day, both spouses appear to explain the reasons for withdrawing the petition. The court makes a decision based on the information provided.
Procedure for registration of refusal
The application is written in any form addressed to the magistrate. The details of the court and the case, the essence of the dispute between the husband and wife, and the passport details of the spouses must be indicated. In addition to the residence address of the spouses, the reason for reversing the previous decision is explained. The judge makes a ruling on the claim based on the application filed by the plaintiff.
What reason should I give?
The court does not need to know the details of family troubles. It is enough to indicate that the reason why the couple decided to divorce has been eliminated. The court usually provides a sample for writing a statement.
If the reason for the divorce was the lack of mutual understanding and callousness of one of the parties, then it can be indicated that the spouse began to behave more sensitively and began to show tenderness in the relationship. The reluctance of the other half to look for work, which caused the conflict, is atoned for by an employment certificate.
Objection to the submitted application
An application for divorce is submitted to the registry office by both spouses, and when withdrawn, an agreement to terminate the divorce process, secured by a notary, is attached to the application. When one of the spouses agrees to reconciliation, and the other changes his mind and insists on divorce, the case is referred to the court.
When a court considers a case, the spouse who wrote the divorce petition is considered the plaintiff, and his other half is considered the defendant. Therefore, by withdrawing the application, the defendant will not be able to object to it. He himself will have the opportunity to become a plaintiff by filing a new claim.
Legal consequences
If the application to terminate the divorce proceedings is granted, the spouses remain husband and wife. The divorce proceedings are terminated.
Is it possible to file a claim for divorce a second time if it has been withdrawn?
There are often cases when a couple withdraws the case several times, but still the reconciliation turns out to be temporary, and divorce is inevitable. You can file a claim an unlimited number of times, but the entire procedure must be started from the beginning and the state fee must be paid. In such cases, it is necessary to contact a family lawyer.
It should also be remembered that after the first hearing, withdrawal of the application becomes meaningless. It is better for spouses to choose to terminate the divorce proceedings due to the reconciliation of the parties.
Is it possible to withdraw an application from the registry office if you change your mind about getting a divorce?
A filed claim for divorce is a document registered in the court office, and it is not possible to take it away without explaining the reasons. To do this, you need to fulfill the conditions that allow you to stop office work.
The application for divorce is accepted at the registry office, it can be collected within a certain time, namely, a month from the date of filing. The desire to preserve the family will be an unhindered basis for returning the application, but the presence of both spouses is required. If one of them fails to appear at the registry office's decision (except for good reasons - illness, business trip), the withdrawal of the application will be refused. If there is an objection to the termination of the divorce proceedings, the case is referred to the court.
Who is eligible to apply
Both spouses must withdraw the application for divorce (Part 1 of Article 19 of the RF IC).
The presence of both spouses at the registry office is mandatory!
The question of whether it is possible for one person to withdraw a divorce application is answered by Part 2 of Art. 19 of the Family Code: only if the spouse is recognized through the court as missing, incompetent or sentenced for more than 3 years. The registry office's decision regarding their application is issued within 1 to 3 months.
Returning an application from the registry office
At the registry office, the spouses write a petition to withdraw the divorce claim, where they indicate the reason for their decision. Explanations like “at first they didn’t get along, and then they improved” are not suitable. Some good reasons include the following:
- the situation regarding the financial support of the family has improved;
- fact of reconciliation of the parties;
- agreement has been reached on the issue that caused the divorce;
- desire to raise children in a complete family;
- compromise between spouses.
For a well-written explanation, you should contact a family law lawyer.
A single application is not enough. The next stage is a joint trip between the husband and wife to the notary. This must be done to confirm that the spouses refuse the divorce voluntarily and fully understand the consequences of their actions. A bilateral agreement is written at the notary to terminate the procedure for dissolution of the marriage union, which is certified by the signatures of the husband, wife and notary with a transcript, secured with a “wet” seal.
Without a notarized agreement to terminate the divorce procedure, it is not possible to dissolve the marriage!
Then the spouses take the contract, petition and copies of passports to the registry office and wait for the final decision. This must be done within 30 days of filing the divorce petition. The period may be extended if one of the spouses is ill and cannot complete the necessary documents.
Consequences of withdrawing a divorce petition
Compliance with all conditions is the basis for stopping the divorce process. But there are times when a husband or wife changes their decision and withdraws the petition. If there is mutual agreement, the divorce process will continue again. If, during the hearing of the decision of the registry office, one of the spouses refuses to divorce, the case is transferred to the court and a decision is made after the hearing.
