Participants in the trial may appeal the decision of the court of first instance in the manner prescribed by law. The parties are given a certain period to file an appeal. If no one draws up a letter of claim demanding a review of the verdict, then the decision comes into force. When an appeal is filed, a date for a new hearing is set, and the existing decision does not enter into force.
What to do if the court makes a decision in divorce proceedings
Divorce court is a process that sometimes involves only the party filing the claim. The approval of the other spouse is not always required, but the defendant is always notified of the plaintiff's intention to dissolve the marriage.
You can get a divorce through the registry office or the court. Sometimes the other half cannot appear at the hearing and does not agree to divorce at all. And often the spouse who did not attend the court hearings, having received his copy of the court decision, begins to find out whether it is possible to challenge the divorce. If you disagree with the decision and there are grounds for canceling the termination, you must contact the appropriate authority.
The registry office or the court can divorce unilaterally if there are no controversial issues between the spouses. Most often, a husband and wife cannot agree on their acquired property and children. If there are disputes over these issues, litigation will be required, and the wait for a verdict may be significantly delayed.
A claim for divorce will be accepted by the court in the following cases:
- there are minor children in the family (adopted or common);
- spouses cannot reach mutual agreement regarding the division of property;
- someone in the couple refuses to get a divorce;
- the party who is against the divorce procedure does not come to the registry office to sign the relevant documents.
Challenging a divorce is usually quite difficult. A citizen has the right to file an appeal within 30 days after the court makes a decision. Before you file and challenge a verdict, ask your lawyer questions about your situation. He will study the details of the case, assess the situation and tell you exactly what the chances are of challenging the decision. You can request a free consultation.
Appeal to the district court against the magistrate's decision on divorce
In ____________________ district court <1>
through the magistrate __________________ (full name) of court district N ____ <1>
Applicant: ____________________________ (full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________
Representative of the applicant: ______________ (data taking into account Article 48 of the Civil Procedure Code of the Russian Federation) address: ________________________________, telephone: ___________, fax: __________, email address: ______________
Plaintiff: ________________________________ (full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________
Defendant: _____________________________ (full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________ Case N ________________________________
APPEAL <2> against the decision of the magistrate on divorce
In the proceedings of the magistrate of _______________________________ judicial (full name) district N _____ there was case N ______ on the claim of _________________________ (full name of the plaintiff) to ________________________ for divorce. (Full name of the defendant) By the decision of the magistrate dated "___"________ ____, the claims were satisfied, the marriage between ________________________ and (Full name of the plaintiff) ________________________________, registered "___"________ ____ (F. Acting name of the defendant) _____________________________________, act record No. ____________ (or: (name of the registry office) the claim was refused). The applicant considers the decision dated “___”________ ___ illegal, since _________________________________________________________________________ <3> (give arguments with references to the rules of law indicating an incorrect determination of the circumstances relevant to the case (and (or) lack of proof of the circumstances established by the court of first instance that are relevant) significance for the case/inconsistency of the conclusions of the court of first instance, set out in the court decision, with the circumstances of the case/violation or incorrect application of substantive or procedural law)) and violates the rights and legitimate interests of the applicant, namely: _________________ ____________________, which is confirmed by _________________________________. Based on the above and guided by Art. Art. 320 - 322, 328 of the Civil Procedure Code of the Russian Federation, I ask:
cancel (change) the decision from “___”________ ____ of the magistrate __________________________ court district No. _____ in case No. ____________ (full name) on the divorce between _____________________ and ________________________, (full name of the plaintiff) ( Full name of the defendant) make a new decision on ___________________________________________________ (divorce/denial of the claim) (or terminate the proceedings and leave the claim without consideration).
Appendix: 1. A copy of the decision of the court of first instance. 2. Documents confirming the illegality of the decision made. 3. Documents confirming the violation of the rights and legitimate interests of the applicant. 4. A document confirming the sending or delivery to other persons participating in the case, copies of the appeal, presentation and documents attached to them, which other persons participating in the case do not have, including in the case of filing an appeal, presentation and documents attached to them by filling out a form posted on the official website of the relevant court on the Internet. 5. Power of attorney of the representative dated “___”________ ____ city N ___ (if the appeal is signed by the applicant’s representative). 6. Other documents confirming the circumstances on which the appeal is based.
"___"________ ____ G.
Applicant (representative) ___________________ (signature)
——————————— Information for information: <1> According to Art. 320.1 of the Civil Procedure Code of the Russian Federation, appeals against decisions of magistrates are considered by the district court. According to Part 1 of Art. 321 of the Civil Procedure Code of the Russian Federation, an appeal is filed through the court that made the decision. An appeal received directly by the appellate instance must be sent to the court that made the decision for further action in accordance with the requirements of Art. 325 of the Civil Procedure Code of the Russian Federation. <2> State duty is not paid according to paragraphs. 6 clause 1 art. 333.36 of the Tax Code of the Russian Federation when filing appeals and cassation complaints in claims for divorce. <3> According to Part 4 of Art. 330 of the Civil Procedure Code of the Russian Federation, the grounds for canceling the decision of the court of first instance in any case are: 1) consideration of the case by the court in an illegal composition; 2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing; 3) violation of the rules on the language in which judicial proceedings are conducted; 4) the court makes a decision on the rights and obligations of persons not involved in the case; 5) the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or judges who were part of the court that considered the case; 6) the absence of a written protocol of the court session in the case or its signing by persons other than those specified in Art. 230 of the Civil Procedure Code of the Russian Federation, in the absence of audio or video recording of the court hearing; 7) violation of the rule on the secrecy of the meeting of judges when making a decision.
Appeal through court
Before the court makes a final decision, the party who did not want to consent to the divorce can file a petition and ask for a period of time for the spouses to reconcile. At the end of this period, the couple must communicate their final decision. Depending on the situation, the court verdict may be annulment of the divorce claim or dissolution of the marriage.
Filing an appeal is the first step of appeal after a court decision is made. To challenge a court decision on divorce, you need to contact the same authority. The complaint is then sent to a higher authority. For example, when the divorce procedure was handled by a magistrate, the district court will take over the proceedings, and the appeal court will consider complaints against the actions of the district court.
Civil appeal
The civil process in its specifics is not much different from the administrative process. Therefore, the algorithm for appealing decisions of the court of first instance and the requirements for document execution are identical.
Chapter 39 of the Civil Code of the Russian Federation is devoted to this topic. In accordance with Article 320 of the Code of Civil Procedure of the Russian Federation, all court decisions that have not entered into legal force can be appealed on appeal.
Appeals in civil cases are referred to the court that previously made the decision.
What to do when the deadline for filing a complaint has passed
It often happens that someone in a couple rashly files an application to court. Constant quarrels and unwillingness to compromise force one to take such a step without thinking well about the consequences. This method really quite often helps and disciplines an intractable wife or husband. However, those who plan to file a lawsuit in order to intimidate the other half need to quickly withdraw the application. The couple is given three months to reconcile, but sometimes they can divorce quite quickly, which should be taken into account.
If the plaintiff managed to achieve his intended goal and make peace, it is better not to wait for the appointed period to expire, but immediately after reconciliation, write a waiver of the claim. If the period during which you can appeal the court decision has ended, it will be difficult, and sometimes impossible, to annul the divorce. To restore the period for appealing the verdict, it will be necessary to prove that the reason why the party did not file an appeal is valid. Evidence must be provided in documentary form.
The following may be recognized as a valid reason for difficulties in challenging a divorce in a timely manner:
- serious illness;
- long business trips;
- living in another city;
- Divorce documents received late.
Divorce court decision
Getting married or ending it is a formal process. The procedure requires registration with the civil registry office (civil registry office).
When a couple intends to divorce, a month is given to make a decision. During this time, the spouses can come and report their intention to cancel the divorce with an appropriate statement.
If the divorce process is carried out with the help of the court, there are the following options:
- When the decision to accept the application has not yet been made, the claim can be withdrawn during this period without any problems. Typically, proceedings begin only five days after the filing of the claim.
- Sometimes the judge sets a time limit for the husband and wife during which reconciliation is possible. For some, a week is enough to reconcile and abandon the divorce. The maximum period assigned for reconciliation is three months.
- Once the decision is made, the couple has ten days to get the divorce cancelled. Simply communicating reconciliation is sometimes not enough. The reason to restore the marriage must be compelling.
- After 10 days, there are still 20 days left when the decision can be appealed due to possible violations of current legislation through the appeal process.
When the deadlines have passed and a reprieve cannot be achieved, the divorce is registered. In this case, it will not be possible to cancel it. The only option is to re-marry and obtain a new marriage certificate with new details. But even in this case, before applying to register a new family, you will need to pick up your copy of the divorce certificate from the registry office.
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.
