How to draw up and file an objection to a divorce petition

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The law establishes that in some cases, in order to begin divorce proceedings, a husband or wife must file a lawsuit. But another member of the couple, acting as a defendant, can object to the plaintiff’s statement and defend his position on preserving the family. How to file an objection to a claim for divorce and where to file it in 2021?

When to file an objection to a claim for divorce

An objection to a claim for divorce is a written, substantiated reason stated by the defendant, which justifies his reluctance to dissolve the family union, or objections to the demands made by the plaintiff.

When the defendant can file an objection:

• before the court hearing;
• during a court hearing;
• at any time during the court session, but until the court retires to the deliberation room to make a decision.

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The cost of drawing up a statement of claim for divorce ranges from 3,000 to 5,000 rubles.

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Types of objections to a claim for divorce

The defendant can file an objection to the statement of claim using legal grounds, or by simply denying the divorce.

Types of legal objections:

1. Procedural and legal - the defendant expresses his objection to the consideration of the divorce case, focusing on judicial errors that cannot be eliminated without filing a claim. The court may decide to suspend proceedings for a certain period.
2. Substantive – in this case, the defendant refutes the claims made by the plaintiff. As a rule, such an objection is drawn up when disputes of a material or property nature arise between spouses.

How this can be done in practice

The “X” moment, when the defendant’s objections will not be accepted in court, occurs after the members of the court are removed to the deliberation room. Until this time, the dissenting spouse is given complete freedom of action. In judicial practice, an application is submitted:

• as part of preparing the case, you can do this yourself by taking a sample application from the court office as an example of filling it out;
• during the court hearing, when the judge allows the defendant to express his opinion;
• when considering a case, when the judge finds out from the spouse his point of view on all the issues presented in the claim.

The defendant himself may draw the court's attention to the presence of a written or oral objection to divorce. It is advisable that he prepare the paper together with a lawyer (advocate), since one or two words are not enough for the court; it is necessary to provide compelling arguments for this.

Important! The law does not clearly regulate the requirements for filing a claim for objection. Therefore, there is no reason for the court to refuse to accept the document.

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:

1. Name and address of the judicial authority.
2. Personal information of the defendant and plaintiff.
3. Brief summary of the circumstances of the case.
4. The position of the defendant and the reason why he does not agree to the divorce, existing demands or requests to the court.
5. List of evidence confirming the defendant’s position.
6. 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.

Features of an objection to divorce

An objection to a claim for divorce is a written document; it does not have to be submitted to the court if you disagree with the divorce. You can express your view of the plaintiff’s claims orally during the trial.

To add an objection to the case, you do not need to pay a state fee. The method of submission is also not regulated by law, so the document can be provided:

• by post;
• in person to the office of the judicial authority;
• delivery to the judge during the hearing.

Among the documents that can be attached to the objection are usually certificates from the place of work, medical documents, papers on property rights, contracts, statements of utility bills. The meaning of documents will become clearer in more detail using a practical example.

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.

When to file an objection

You can send your opinion on divorce to the magistrate's court even before the appointment of a meeting, as soon as the spouse has learned that his wife (husband) has filed an application for divorce. Through the courts, the issue of annulment of a family unit is resolved if there are contradictions about who will live with the children, or the spouses cannot agree on the preservation of premarital values ​​and the division of property acquired during marriage.

Objections are sent to the court office from the moment a copy of the statement of claim for divorce is received. As a rule, the following family issues can be resolved at once:

• on the residence of children and the collection of alimony;
• on the division of jointly acquired property;
• on the assignment of maintenance to the second spouse if he is unable to work.

Any spouse has the right to annul his marriage, regardless of the wishes of the other half. In Russia there are no laws that impose a categorical refusal on an application, but there are a lot of points that give the second (dissenting) spouse an advantage.

The divorce process, if desired, can be delayed for years, including permanently filing objections to the divorce claim.

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On the site you can find a lot of useful information, in particular:

- the section SAMPLES OF CONTRACTS contains - FORM OF AGREEMENT, EXAMPLE OF AGREEMENT, TEMPLATE OF AGREEMENT, TEXT OF AGREEMENT, FORM OF AGREEMENT, DRAFT AN AGREEMENT;

- the section SAMPLES OF CLAIM contains - CLAIM FORM, EXAMPLE CLAIM, CLAIM TEMPLATE, TEXT OF CLAIM, CLAIM FORM, COMPLETE A CLAIM;

— in the section SAMPLES OF CLAIM STATEMENTS there is a FORM OF CLAIM STATEMENT, EXAMPLE OF A STATEMENT OF CLAIM; TEXT OF THE CLAIM; CLAIM TEMPLATE, CLAIM FORM, COMPLETE A CLAIM STATEMENT;

- in the section SAMPLES OF COMPLAINTS - contains the COMPLAINT FORM, EXAMPLE OF COMPLAINT, COMPLAINT TEMPLATE, TEXT OF THE COMPLAINT, COMPLAINT BANK, COMPLETE A COMPLAINT;

- in the ADDITIONAL AGREEMENTS section - contains an ADDITIONAL AGREEMENT FORM, A SAMPLE ADDITIONAL AGREEMENT, THE TEXT OF AN ADDITIONAL AGREEMENT TO THE AGREEMENT, AN EXAMPLE OF AN ADDITIONAL AGREEMENT, AN ADDITIONAL AGREEMENT TEMPLATE, AN ADDITIONAL AGREEMENT FORM, COMPLETE AN ADDITIONAL AGREEMENT DISCLOSURE;

- in the JOB DESCRIPTIONS section - contains the JOB DESCRIPTION FORM, JOB DESCRIPTION TEMPLATE, JOB DESCRIPTION TEXT, JOB DESCRIPTION EXAMPLE, JOB DESCRIPTION FORM;

— IN THE SECTION SAMPLES OF POWER OF ATTORNEYS — CONTAINS FORM OF POWER OFFER, TEMPLATE OF POWER OF ATTORNEY, EXAMPLE OF POWER OFFER, FORM OF POWER OFFER, TEXT OF POWER OFFER.

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A review is not a counterclaim

Reviews cannot make independent claims. For example, when drawing up a response to demands for division of property, you cannot include in it those items and objects that were not named by the plaintiff. If the plaintiff did not indicate all jointly acquired property, a counterclaim will be required.

Also, in a response to combined demands about the fate of the children, the defendant cannot ask for the children to be transferred to him or for the plaintiff to be deprived of parental rights.

The response may only contain a request to dismiss the claim. And everything that the defendant wants for himself is formalized in the form of claims in a counterclaim.

Options for counterclaims may include:

• in response to a claim for divorce - a counterclaim for the collection of alimony, for the placement of a child in foster care, for determining the child’s place of residence, or for depriving the plaintiff of parental rights;
• in response to a claim for divorce and division of property - a counterclaim for a part of the property not specified by the plaintiff, for the collection of alimony, as well as all categories of claims that determine the fate of children, etc.

That is, there are a lot of opportunities for filing counterclaims, including filing similar counterclaims. For example:

• in response to a claim for deprivation of the defendant’s parental rights - file a counterclaim for deprivation of the plaintiff’s parental rights;
• in response to the claim for the transfer of children to the care of the plaintiff - file a counterclaim for the transfer of children to the care of the defendant.

It must be understood that the court cannot create claims, it can only satisfy them or deny them. The parties to a civil case must create claims.

What to write in the application

The purpose of writing an objection to a claim for divorce is to bring your civil position to the court. You should not think that others should guess about the defendant’s thoughts, or understand anything in his chaotic, unprepared speech during the hearing. It is the clear presentation of thoughts that often changes the entire course of the court hearing and the verdict reached.

The document states:

• in whose name the objection is being filed (full name of the judge);
• title(title);
• opinion on the claim for divorce and on other issues raised by the plaintiff (for or against);
• arguments in favor of one’s own position, arguments, examples;
• a list of norms and rights (laws) on which the defendant relies;
• demand to the court (to refuse the claim for divorce, or to give time for reconciliation, etc.);
• signature (decryption), date.

It would be useful to include in the appendix all the documents with which the defendant argued orally. There may be testimony that indicates the children’s strong attachment to the defendant, concern for the spouse, the benefits of the family, and other circumstances. The more evidence you have that you are right, the higher the chance of getting the desired result.

Formatting a review

The structure and content of responses (objections) to statements of claim are not regulated. As a general rule, reviews are drawn up in the same way as statements of claim, which means they must contain: the name of the court hearing the case;

1. Full name and address of the defendant;
2. Full name and address of the plaintiff;
3. information about the pending claim. For example, “The court has a civil case No. 2-1699/22 on the claim of Ivanova I.A. to Ivanov I.I. on divorce and division of jointly acquired property”;
4. the plaintiff’s attitude to the stated claims, for example, “I recognize the claims for divorce and ask the court to dissolve the marriage between me and the plaintiff. Claims for the division of apartment 53 on the street. I do not recognize Moscow 4th city of Norilsk and explain the following. The apartment was given to me by my parents before I married the plaintiff. That is, the apartment is my premarital property. A copy of the deed of gift is attached to this review”;
5. a clearly expressed request to the court - to satisfy the claim, to refuse the claim, to satisfy the claim partially;
6. list of attachments to the review. Any documentary evidence of the defendant’s position can be used as attachments;
7. date and signature of the defendant.

The response is drawn up in two copies - one for the court and one for the plaintiff. The review is sent either personally to the judge, or to the court office, or by mail.

If you plan to file a counterclaim, you can make a note about this in the response.