We came to our senses in time: is it possible to annul a divorce and how to do it?

Last modified: January 2021

Family life does not consist only of holidays and positive experiences, however, if the spouses living together brings only problems and negativity, the parties decide to separate. It is not always possible to annul a divorce if the spouses later reconcile. The law establishes exact deadlines for appealing a court decision on divorce, but even if the deadlines are met, it is necessary to provide conclusive evidence that the divorce process was carried out with violations, or there are other grounds for appealing the court decision on divorce.

How to return a divorce petition

The couple filed a petition for divorce and were given time to think about it. But after some time, they changed their minds about separating, preferring to remain husband and wife and withdraw the application. What steps should they take to save their marriage? An application for divorce can be withdrawn in two instances:

• at the initial stage in the Registry Office;
• after submitting it to the jurisdiction of the court.

Refusal of divorce in the registry office

The objection “I want” will be inappropriate. The first thing you can do is to appear at the registry office together, express the objection “I want” and write a statement that they have changed their minds about separating. But the reasons that prompted them to make such a decision will have to be voiced. The petition to refuse to disperse is submitted to the registry office for consideration. In this case, the intervention of notarial authorities is necessary to draw up an agreement between the two parties on the termination of the divorce process . This document must bear the signature and wet seal of the notary's office.

After this, subject to the above conditions, the registry office will accept the objection and decide to stop the divorce process or invalidate the claim. The basis for this will be a new application and agreement drawn up with the help of a notary. Two spouses must come to the registry office. If one of the spouses cannot or refuses to appear at the registry office and pick up the old document by writing a new one, the second spouse’s petition to refuse to separate will not affect the registry office’s decision.

Refusal to terminate a relationship in the courthouse

The next step for people intending to withdraw their divorce petition is to apply to the judicial authorities to cancel the hearing or invalidate their claim. You can submit a document - an objection indicating:

• the dates when the divorce suit was signed;
• the reasons why the intention to withdraw the divorce petition was accepted (I want to save the family);
• explanations why one of the spouses did not appear at the registry office in order to pick up a petition for dissolution of family ties.

By order of the court, a day is set for consideration of this issue. But both spouses must be present at the meeting. They are obliged to explain to the court why they changed their minds about dissolving the marriage and filed a petition. After both sides have been heard and objective reasons have been presented, the judicial commission decides to recognize the desire of both partners to save the family or expresses an objection to saving the family.

Most cases of termination of relationships are considered by the court, since there are many more families with children. The court will be on the side of such a family at any stage of the hearing: from a request to declare the marriage invalid to a request to cancel the previous claim. But an application for divorce or invalidation can be withdrawn even before the trial on the basis of a new document with the wording “I want to save the family.” This document must contain the date of preparation, the decision to refuse the request to cancel the divorce, an explanation of all the reasons, and the decrypted signature of both parties.

This request - an objection (the wording “I want, I ask you to cancel the divorce”) must be submitted to the court or it can be sent by mail. But the request to invalidate the claim must come from the spouse who filed the petition for divorce.

The courts will issue a form with the following details:

• type of case, its number;
• f. And. O. the judge who makes the decision on this divorce process;
• address of the judicial institution;
• the address where the spouses permanently reside.

You can fill it out yourself in court or with the help of lawyers. The plaintiff must fully agree to the possible consequences if the claim is abandoned. The case will be dismissed by settlement. If both submitted the petition, and then changed their minds and decided to withdraw it, but one of the spouses could not come, the second spouse does not have the right to withdraw the petition himself.

This statement, a request to stop the hearing, is read out during the meeting and recorded.

Reasons for canceling a divorce

“You cook poorly. You don't respect my mom. You look terrible. In short, I’ve had enough!” - said it suddenly and bluntly. Filed for divorce. Celebrated the beginning of a new life in a bar with friends in the evening. A week later, he began to visit the threshold of his home and court again, wanting to return everything back. What goes on in the mind of a person trying to annul a divorce:

1. Doesn't want to lose you. We quarreled. It happens to everyone. Why run away? Yes, he lost his temper and rashly wrote a statement. I wanted to scare. I never expected that you would so easily agree to return your maiden name. Now he repents. Runs after you with armfuls of flowers. He meets his mother-in-law from work by car. At the court hearing, he almost shed a tear, talking about his unearthly love and passionate desire to save his family.
2. Doesn't want to waste time, money and property. Mercantile calculation. Living under the same roof of an apartment donated by your parents is much more profitable than renting a house and paying utility bills on your own.

Understand, forgive and let back? It's up to you. Just don’t forget about the official side of the issue. To save the family, it is necessary to take certain steps to interrupt the divorce procedure initiated by the troubled spouse.

If the deadline for appeal is missed

A change in civil status, in particular, marriage or divorce, is an official procedure that requires registration with the civil registry office (ZAGS). This requires not only a rather large package of documents, but also time.

Depending on family circumstances, the termination of marriage occurs:

• However, in any case, after filing documents for divorce, the spouses are given time during which they can change their minds and withdraw the divorce application.
• When divorcing through the registry office, the couple has a month to make a final decision: within 30 days, the spouses can appear at the authority where they filed the application and write a new application to cancel the divorce.

• 
  During divorce proceedings through the court, the following options are possible:

• if the decision to accept the claim for proceedings has not yet been made (as a rule, this happens within five working days from the date of filing), then the documents can be collected from the court without any difficulties;
• Often, during the divorce process, the judge himself sets a probationary period for the couple (from one to three months), during which the spouses can reconcile and abandon the procedure;
• If the divorce decision has already been made, then within 10 days you can appeal it and try to cancel the divorce. However, the reason for cancellation must be much more compelling than a simple “reconciliation”, and the decision in this case will again be made by the court, only of a higher authority.

If all the deadlines have passed, then the divorce is considered registered, and it can no longer be canceled. All that can be done in such a situation is to remarry.

Is it possible to cancel a court decision on divorce?

It is difficult to cancel a court decision on divorce, but it is possible. To do this, within 10 days from the date the judge makes the decision to divorce, a counterclaim must be filed to challenge this decision. The appeal is submitted to the very judge who made the decision to terminate the family relationship.

To cancel a divorce, simply stating your disagreement is not enough: weighty arguments are required. When filing a claim, you must provide such justification for your claim as the higher court considers convincing in order to annul the previous court decision and consider the divorce case anew.

Is it possible to cancel a court decision on divorce?

If the court has only accepted the claim for proceedings, it can be canceled before it is considered on its merits. For this purpose, an application is submitted to the court office, indicating the reason for the refusal. This implies no monetary or legal consequences for the plaintiff.

When spouses decide to divorce, only one of them can initiate the process. The second, already at the hearing, can either agree or refute this requirement.

If the plaintiff decides to abandon the claim during the trial, he can orally or in writing inform the judge about this. Then the statement is entered into the protocol. The proceedings will be terminated due to the plaintiff's abandonment of his claim.

The consequences of this will be as follows:

• termination of proceedings;
• impossibility of re-filing a similar claim on similar grounds.

If the spouses received a certain period for reconciliation, and it actually took place, they can report this in court. A motion may also be filed to terminate the proceedings. This can be done both directly at the trial and before it.

Grounds for appeal

For a court to reconsider a decision that has already been made, substantial grounds are needed. These usually include the following:

1. The couple still decided not to divorce;
2. There are disputes regarding property;
3. There is disagreement with the court's decision regarding where the adult will live.

In addition to desire, evidence that can influence the decision of the trial court will also be required. This can be not only various certificates and other documents, but also testimony of witnesses.

In court, people are more likely to trust the testimony of people who are not interested: friends, neighbors, and so on. Data received from relatives may raise doubts.

Either party, and witnesses in particular, will be warned of penalties for perjury. In accordance with Art. 306 and 307 of the Criminal Code of the Russian Federation provide for punishment: a fine, forced labor, or even arrest. If the parties manage to declare the unreliability of their own testimony before a decision is made, they will be released from punishment.

Appeal procedure

In order to appeal the divorce decision, an application is submitted to the court that issued the verdict. The court office forwards the appeal to a higher authority. It is also possible to directly submit an application to a higher court if representatives of the office do not allow an appeal to be registered. A complaint may also be filed regarding office employees exceeding their powers.

To appeal, you will need the following documents:

• direct appeal;
• statement of claim (2 copies);
• court decision (copy);
• confirmation of payment of state duty (150 rubles);
• evidence base.

The more evidence is provided, the higher the likelihood of receiving a positive decision.

If the applicant is a foreign citizen, you must additionally submit a translation of your passport certified by a notary. If the applicant cannot submit a package of papers in person, you can issue a power of attorney to another person who will bring all the papers to the office. The power of attorney must be notarized.

The complaint about appeal is drawn up in accordance with the established template. It includes:

• name of the authority to which it is submitted;
• Full names of the parties, their contacts and registration addresses;
• title "Appeal";
• essence of the claim;
• request to the court to cancel the decision or terminate the proceedings;
• justification of requirements from a legal point of view;
• a list of documents that are attached;
• signature and date.

There may be difficulties with the legal substantiation of the requirements. Here it is worth referring to Art. 112 or 321. Code of Civil Procedure, giving the right to file an appeal.

After registering the complaint, a date will be set for a meeting where the case will be considered. If there are no parties, the meeting may be postponed, but this is possible no more than three times in total. In this case, personal presence is not considered a mandatory requirement, therefore the third meeting can be held in absentia. If the complaint states a request for consideration without the personal presence of the applicant, the court will take into account only the available facts.

During the hearing, the decision of the court of first instance, the testimony of the parties and evidence are studied. Taking this into account, a verdict will be reached as to whether the sentence is maintained or modified.

If either party is not satisfied with the decision again, it will be possible to file a cassation appeal to a higher authority. The highest authority for civil proceedings is the Supreme Court, whose decisions are not contested. If it comes down to it, you need to recognize the current decision or write to the ECHR. But when filing such complaints, the likelihood of rejection is very high, since the correct drafting of a claim involves a number of nuances. In this case, it is better to enlist the support of international lawyers.

Time limits for appealing a court decision

In accordance with Part 2 of Art. 321 of the Code of Civil Procedure of the Russian Federation, the period during which a court decision can be appealed is 30 days (one month). Thus, during this time you can file a complaint.

If the deadline for appeal is missed

The decision comes into force if an appeal has not been filed within 30 days. However, in accordance with Art. 112 of the Code of Civil Procedure of the Russian Federation in certain situations the period for appeal may be increased.

Thus, an appeal can be filed subject to the provision of documents that confirm valid reasons from the point of view of law:

1. A long-term illness that prevented the participant in the process from independently visiting the judicial authority;
2. Long-term business trip;
3. Discovery of new facts that were not reported during office work;
4. Failure to receive a decision within the established time frame.

Experts consider each case separately. If there is a really good reason, the case may be reconsidered.

Is it possible to cancel a divorce in the registry office?

If a married couple files for divorce at the registry office, at least 1 month passes before the marriage is dissolved. During this period, the spouses may change their minds about getting a divorce. And if they do change their mind, they don’t even have to return to the registry office to pick up the submitted application - failure to appear on the day appointed for the divorce procedure is enough, and the divorce will not take place - clause 4 of Art. 33 Federal Law “On acts of civil status”. However, the state fee that the spouses paid when submitting the application is also not refundable.

Annulment of divorce: procedure

Sometimes spouses don't even know that their marriage is over. And they learn about the divorce only after the death of the second spouse.

In accordance with the Civil Code of the Russian Federation, a wife or husband is the heir of the first priority by law, only until a divorce is filed. As soon as the court's decision on divorce comes into force, the former spouse loses the right to inherit. The exception is when the deceased spouse made a will in favor of his ex-wife or husband.

That is why the main reason for annulment of a divorce after the death of one of the spouses is a dispute over inheritance. Former spouses go to court to regain their right to receive a share in the deceased’s inheritance.

Procedure for annulment of divorce after death of spouse:

1. Preparation of documents.
2. Filing a claim.
3. Payment of state duty.
4. Submitting documents to the court.
5. Participation in a court hearing.
6. Obtaining a court decision.

If the court satisfies the demands of the former spouse, then he must obtain a court decision. The document will come into force 30 days from the date of issue.

Then the plaintiff must contact the civil registry office to make changes to the act record. This will allow him to obtain a marriage certificate.

The certificate must be handed over to the notary who opened the inheritance case. This will allow the spouse to inherit the property of the deceased as the heir of the first priority. Let's consider the procedure for annulment of a divorce in more detail.

Preparation of documents

List of documents to apply to court:

• plaintiff's civil passport;
• divorce certificate or divorce certificate;
• extract from the house register (if the former spouses lived together);
• other evidence that the marriage was not actually dissolved.

It is advisable to involve witnesses in the process who can tell that the marital relationship remained between the spouses.

Drawing up a statement of claim to cancel a divorce

The statement of claim to the court must be submitted in writing. Other heirs of the first priority are brought in as defendants.

As a third party, it is necessary to involve the civil registry office in which the divorce was registered.

Transfer to court

Documents must be submitted to the district court at the place of registration of the defendants. To search for the required district court, you can use the GAS Justice service.

Before sending documents to the court, it is necessary to create a package of documents for each of the defendants and third parties. Documents must be sent by mail or using the Russian Post registered email service.

A receipt for sending documents to the defendant and third parties must be included in the package of documents for the court. If there are no receipts, the court will refuse to accept the claim for consideration.

Actions after trial

If the court satisfied the applicants' demands and the divorce was annulled, the plaintiff has the right to claim a share of the deceased's estate. The exception is the situation when the deceased, during his lifetime, made a will in which he assigned all his property to other persons. If a will has not been drawn up, the restored spouse has the right to submit an application to a notary to receive a share of the inheritance.

To do this you need:

1. Determine which notary is handling the inheritance matter. This can be done using the service of the Federal Notary Chamber.
2. Submit an application for inheritance, attach the court decision to annul the divorce and a certificate of marriage.
3. Pay the state fee for inheritance.
4. Obtain a certificate of inheritance (6 months after the death of the deceased).
5. Register property as a property.

Arbitrage practice

As judicial practice shows, it is not always possible to annul a divorce in the event of the death of a former spouse. But the court accommodates the applicant halfway if there is a suspicion that the divorce was entered incorrectly.

As an example, we can consider the decision of the Derbent District Court of the Republic of Dagestan dated July 31, 2021 in case No. 2-575/2017. The plaintiff filed a lawsuit after the death of her husband. They got married on August 27, 2010. On May 15, 2021, the husband died. From the documents she learned that on February 1, 2013, the marriage between them was dissolved. The basis was a joint application of the spouses to the registry office.

But she did not file for divorce. Moreover, before and during the marriage, they had three children together. In accordance with the law, if spouses have children together, then a divorce can only be filed in court. Therefore, she asked to cancel the divorce record.

The court took into account the plaintiff’s arguments, as well as the fact that divorce in a family with children can be filed exclusively in court. Therefore, the record of divorce was annulled.

Thanks to this, the wife was able to enter into the inheritance after the death of her husband as a first-line heir.

But in most cases, the court refuses the plaintiff’s request to quash the divorce records.

As an example, we can consider the decision of the Abakan City Court of the Republic of Khakassia dated October 5, 2021 in case No. 2-5633/2017. The plaintiff asked that the divorce be declared invalid. During the trial, she explained that she was married from July 31, 2001 to October 5, 2006. By decision of the magistrate, the marriage was dissolved. This was necessary so that the plaintiff could receive a promotion. Since the husband had a previous conviction, the official marriage interfered with the plaintiff’s career.

After the divorce, the couple continued to live, run a joint household, and raise their son. But on December 28, 2021, the husband died. Now the plaintiff cannot enter into the inheritance, since the marriage union was dissolved.

Having studied the case materials, the court rejected the claim. The couple divorced their marriage in court and lived together from 2006 to 2021. The divorce had no impact on the plaintiff's career. If desired, they could register the marriage again during the specified period.

Who can withdraw a claim?

Often, one of the spouses, unable to bear the constant showdown with his other half, files a lawsuit for legal dissolution of the marriage, and after a while the couple comes to reconciliation. A citizen who hastily submitted an application faces the question of canceling the paper.

Only the plaintiff-applicant has the right to withdraw the statement of claim for divorce . If no more than 5 days have passed since the filing of the claim, then there is a high chance that the judge has not yet reviewed the application and has not accepted the document for legal proceedings. Spouses can avoid divorce if the plaintiff visits the court in a timely manner and returns his application. Otherwise, it will be possible to withdraw the claim for divorce only if the plaintiff submits an appropriate written petition indicating the reason for changing the decision.

If the annulment of the marriage was carried out in the registry office, then the presence of both spouses is mandatory to express the joint decision to maintain the marital relationship.

When can you get a divorce in absentia?

Absentia proceedings begin at the initiative of the court, due to the absence of the defendant at the hearing, who:

• was notified in the correct form of the date, time and place of the hearing;
• did not report valid reasons for absence;
• did not submit a request to the judge to consider the claim in his absence.

The spouse has the right not to appear at the meeting on the issue of divorce for certain reasons. For example:

• lack of desire to delay the divorce procedure;
• hostile relationship with the plaintiff, which makes him not want to see him again;
• being on the territory of another subject or outside of Russia;
• defendant's illness;
• strong psychological experiences due to the spouse’s divorce proceedings, etc.

Unfortunately, some of the listed grounds will not be valid for the court (for example, hostile relations between the parties). If the defendant fails to appear at the hearing three times in a row, the court has the right to make a decision in absentia in his absence.

In addition, divorce in court is possible without the personal presence of the plaintiff. But in this case, he must notify the court of the possibility of holding a meeting without his participation. If the applicant has not notified the court of his absence, and the defendant, who came to the trial, does not insist on the proceedings, the claim may be left by the court without consideration.

To relieve themselves of the obligation of personal presence, spouses can send representatives by issuing notarized powers of attorney for them and giving them the appropriate amount of authority.

Divorce methods

Currently, the law provides for two ways to dissolve a marriage:

• in the registry office offices;
• through the judiciary.

In the case where the parties do not have small children (under 18 years of age) and property claims against each other and they wish to dissolve the marriage mutually, the first option can be used. Also, if the husband or wife is incompetent, deprived of liberty (and the prison term must be more than 3 years) or is listed as missing, you can also apply for a divorce to the registry office, but for this you will need to attach the relevant documents from the court.

In all other situations, the divorce process between the parties occurs through the court. Further in the article, the most important points related to this method of divorce will be discussed, namely: in which court to file for divorce (in territorial terms) and what is the jurisdiction of divorce cases.

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 from a convicted person through the registry office - instructions

The administrative procedure for divorce consists of the following stages:

1. Contact the local civil registry office and pay the state fee for registering a civil status act. In 2021, the state fee for divorce was 350 rubles.
2. Submitting an application using Form No. 11. The sample can be downloaded below.
3. Notification of the second spouse. The civil registry office must notify the husband about this no later than 36 hours after registration of the application. The letter must indicate the date of consideration of the application and registration of divorce.
4. Within 30 days after receiving the notice, the imprisoned spouse must notify the registry office in writing about what surname he wants to keep after the divorce.
5. Civil status registration. One month after filing the application, the fact of divorce is registered. After which the family relationship is considered officially terminated.
6. Issuance of a divorce certificate. The document is provided to the applicant after making an entry in the registration book. A spouse in prison may receive a certificate upon release.

What to write in a divorce application

An application for divorce from a convicted person must contain the following information:

• Full name of wife and husband, date of birth and place of residence;
• information that the second spouse is serving a sentence;
• address of the correctional institution (if known);
• details of the court verdict;
• passport details (if the passport details of the other party are known, they can also be indicated);
• number and date of issue of the marriage certificate;
• number and date of issue of the child’s birth certificate (if available).

At the end of the document, the applicant indicates the surname that he will bear after the termination of the family relationship.

List of documents for the application for divorce

The following are attached to the application:

1. Original marriage certificate. It is not returned. In return, they issue a certificate of divorce.
2. A copy of the court verdict that has entered into legal force. It is important that the term of imprisonment be equal to or exceed 3 years. Otherwise, a negative decision is made on the application with appropriate explanations.
3. A copy of your passport or other identification document.
4. A receipt confirming payment of the state duty.

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.

When is it necessary to get a divorce only through the court?

If you study in detail the Family Code of Russia, namely its 21st, 22nd and 23rd articles, you can understand that divorce through the court should be carried out in such cases as:

• One of the spouses does not want to give consent to divorce, and he can explain this for any reason, including the lack of grounds for divorce.
• The presence of common natural children with whom a relationship has been established (during the ongoing trial, such important issues as the further place of residence of the minor, as well as his communication with the parent with whom he will not live, will be resolved). If the husband doubts that he is the biological father, then he can conduct an independent examination.
• One spouse wants to divorce, but the other does not agree with this decision. If there is a disagreement, the issue should only be considered in court.
• Avoiding a visit to the registry office. This applies to cases where the second spouse has agreed to terminate the legal relationship, but at the same time refuses to arrive at the civil registration authority within the established time frame.
• The recognition of the second party as missing (that is, it is simply not possible to establish its location).
• Divorce in court will be required even if the second spouse disagrees, if he is officially declared incompetent, that is, incapable of making adequate and informed decisions.
• Disputes arising from disagreements regarding the division of jointly acquired property. In this case, court proceedings will allow the division to be legally carried out without infringing on the rights of any of the parties.
• Disagreements regarding the upcoming payment of child support by the parent with whom the child will not remain after the divorce.

Arbitrage practice

Practice shows that it is very difficult to achieve annulment of a divorce after the appeal period. This requires strong evidence as well as time investment. The outcome of the case in favor of the plaintiff is possible, rather, in exceptional cases. These include the court making errors during the proceedings, for example, when the defendant was not given information regarding the time and place of the hearing.

Another reason when annulment is possible is only a discovered circumstance that changes the matter. This could be the wife’s pregnancy, about which the plaintiff knew nothing when going to court. According to Article 17 of the RF IC, the husband does not have the right to initiate a divorce without the consent of the expectant mother, not only during pregnancy, but also during the first year of the child’s life.

Thus, annulment of a divorce is possible in some cases, but it is an extremely complex process that requires the collection of documents and other formalities. If the deadline for appeal has already passed, then in most cases it will be easier to register the marriage again at the registry office rather than seek to cancel its dissolution.