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.
Objections to claims for divorce
As of ** February 2009, the marital relationship between me and ****** **** ****** was effectively terminated. There is no general farming. ****** *. *., taking advantage of this, from August 2009 to the present, has been preventing my communication and participation in raising my child. Does not provide me with any information about the child, his life, development and health. He prohibits me from having personal contact with the child and hides his whereabouts. During a conversation with specialists from the Department of Guardianship and Trusteeship of the city of Irkutsk, ****** **** ****** expressed categorical disagreement with the requirements stated by me **.11.2010 due to the fact that, in her opinion my communication with my daughter will harm the child’s mental health and moral development. **.02.2011 the mother of the child ****** **** ****** filed a statement against me at the Kuntsevo Department of Internal Affairs, Moscow, which may contain defamatory information, including the statement that I don't support a child.
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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.
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 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.
Objection to a claim for divorce
An objection (review) is filed by women in the presence of the circumstances specified in Art. 17 of the RF IC, as well as other reasons on the basis of which the marriage should be preserved. For example, disagreement with termination. Submission of a response is allowed at any stage of the legal proceedings before the final decision is made by the court:
- at the preparatory stages;
- during a court hearing to determine the defendant’s opinion regarding separation from the plaintiff;
- while giving the floor to the defendant.
There are two types of objection: oral and written. In the first case, it is entered into the minutes of the court session, in the second it is attached to the rest of the case materials.
The result of filing an objection is the granting of a conciliation period, but a corresponding petition can also be sent for this purpose. Under the circumstances described in Art. 17 of the RF IC, the court issues a ruling on the termination of proceedings in the case with reference to the grounds.
Contents and sample of objection
The law does not establish the form of objection. For objective review, the document must contain the following data:
- name of the court;
- number and circumstances of the case;
- Full name, residential addresses of the initiator and the defendant;
- requirement to set a conciliation period, refusal to consider the case on the basis of Art. 17 IC of the Russian Federation;
- Date of preparation.
At the end the defendant's signature is placed.
Sample objection to a claim for divorce:
Documents for objection
According to Art. 56 of the Code of Civil Procedure of the Russian Federation, parties to legal proceedings are required to provide evidence of their claims and objections. The revocation must be accompanied by documents confirming its legality: the child’s birth certificate, pregnancy certificate, etc.
If there are no circumstances specified in Art. 17 of the RF IC, but the defendant does not want to disagree; it is difficult to support his arguments. In this case, in the objection he may indicate a request for a conciliation period.
Appeal
The right to appeal court decisions before they gain legal force is given to all citizens. When, due to circumstances, the defendant was absent and the court dismissed in absentia, but there are grounds for refusing the claim, provided for in Art. 17 of the RF IC, the court verdict can be appealed.
To cancel, an appeal is filed with the judicial authority that made the decision being appealed. After the appeal period has expired, the documents are transferred to a higher board for civil cases. The result of the review may be the annulment of the decision if the woman is pregnant or raising a common child under 1 year of age.
As judicial practice shows, appeals filed by defendants who do not agree to divorce in other cases remain unsatisfied.
How to file an objection to a claim for divorce
You can draw up an objection to a divorce claim yourself, following a regulated procedure, or with the help of a family law lawyer. The specialist will prepare this document in a legally correct manner, clearly indicating the position or requirements of the defendant.
What information is indicated in the objection to the claim:
- Name and address of the judicial authority.
- Personal information of the defendant and plaintiff.
- Brief summary of the circumstances of the case.
- The position of the defendant and the reason why he does not agree to the divorce, existing demands or requests to the court.
- List of evidence confirming the defendant’s position.
- Date, signature of the defendant.
Sample objection to a claim for divorce
Nuances and features of an objection to divorce
The decision to divorce is not always mutual, but each spouse has the right to file a claim in court unilaterally.
The defendant may protest the plaintiff's claims by indicating them in the objection. This document may indicate not only a request to the court to set a long period for a truce, but also a request to reject the plaintiff’s material demands or to reconsider his position regarding the further residence and upbringing of children.
In addition to the defendant, third parties who are participants in the legal process can also file an objection to the statement of claim in court. The document contains information about how he relates to the married couple, who they are related to, and why he considers it necessary to protest the plaintiff’s demands for divorce.
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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Procedure for filing an objection to a divorce claim
Additional documents do not need to be attached to the objection to the claim for divorce if the defendant indicates a request to extend the probationary period for the truce.
If disputes arise between spouses about the division of property or about the residence of children after divorce, the defendant can indicate in the objection his demands in this regard and attach additional documents to it that can confirm his position. For example, if the plaintiff claims to divide property acquired by the defendant before marriage, the defendant can draw up an objection to refuse the division of his own home and attach documents confirming that the property was acquired before he and his spouse lived together.
The objection is filed through the court office. The defendant can also send it by mail or hand it over to the judge during the hearing.
