Can the court refuse a divorce and on what grounds?

Last modified: July 2020

Refusal to divorce a marriage by a registry office or court is a rare occurrence that requires compelling reasons provided for by law. In some cases, men face refusals, since they are subject to restrictions on the right to file an application for divorce without the consent of their spouse. Let's consider when and in what cases a divorce will not work, what to do if a divorce is refused by the court or the registry office, possible difficulties, as well as the procedure for a spouse who does not want to dissolve the marriage.

Who can give disagreement in a divorce?

Divorce proceedings fall within the competence of the registry office and the court. According to Art. 19, RF IC, the first instance will refuse divorce if it is established that:

1. One of the spouses wants to save the family and does not agree to divorce.
2. The relationship between the spouses was not initially properly legalized (within the framework of Article 27 of the RF IC).
3. The family has joint children who have not reached adulthood.
4. The dispute over jointly acquired property has not been resolved between the spouses.

In these cases, to resolve the issue of divorce, it is necessary to go to court. According to Article 17 of the RF IC, both the registry office and the court will refuse to satisfy an application submitted by a person interested in divorce if the following circumstances exist:

1. The husband wants to be freed from the marriage bond when his wife is pregnant.
2. The spouse initiates divorce when there is a child under 1 year old in the family.

In the cases listed above, the issue of preserving the family depends on the position of the wife. Refusal of a divorce is possible provided that the spouse does not agree to the dissolution of the marriage.

IMPORTANT

The registry office and the court cannot officially resolve a divorce if the interested person, when filing an application (claim), ignored the obligation to pay the state fee (clause 1 of Article 132, 136 of the Code of Civil Procedure of the Russian Federation). Transferring funds to the budget using erroneous details also hinders the process of divorce, which can be initiated again after the shortcomings have been eliminated.

Reasons for refusal by the court

The court refuses to grant a divorce if the husband-Plaintiff's wife is pregnant or they have a child under one year of age and the wife has objections (if the spouse, under the same conditions, herself initiated the divorce, then the claim is granted). It should be borne in mind that in these circumstances it does not matter what

• a child under one year of age from a previous marriage or premarital relationship;
• the spouse is pregnant or has given birth to a child from another man;
• the child died during childbirth;
• the child died during the first year of life.

Thus, the period when the court does not accept a statement of claim from a man may be twenty-one months. Even a spouse’s doubts about true paternity are not grounds for divorce proceedings.

What to do if a divorce is refused in court?

The actions of the plaintiff if the court refuses to accept the claim depend on the circumstances:

Grounds for refusal to divorce

The reasons why the registry office or the court prohibit spouses from divorcing are recorded in Federal Law No. 143 of November 15, 1997 (“On acts of civil status”). According to Article 11 of the legal act, a marriage cannot be dissolved if:

1. The submitted documents do not comply with legal requirements.
2. There are circumstances that are contrary to the law. For example, when a husband wants to divorce his pregnant wife or a married couple already has a child under the age of 1 year.

An interested person has the right to demand from the authorized bodies a reasoned answer as to why the divorce was refused. The applicant can appeal the decision made by the Civil Registry Office by filing a claim in court. If the plaintiff does not agree with the determination put forward by the court, then it is necessary to file an appeal to a higher authority (Article 320.1 of the Code of Civil Procedure of the Russian Federation).

Arbitrage practice

Often, defendants try to challenge the divorce decision, citing failure to provide a conciliation period. But they do not take into account one important detail: the appointment of reconciliation is a right, not an obligation of the court.

Here is one such example:

The marriage was dissolved by decision of the magistrate's court. During the proceedings, it turned out that the spouses had not been living together for several months, there were significant disagreements during their marriage, and they had two children. The defendant was against the divorce, the court gave several weeks for reconciliation. At the end of the conciliation period, the plaintiff continued to insist on divorce, and the decision was made.

The defendant, refusing to divorce, filed an appeal, citing the fact that the conciliation period was not used in full, and the judge did not insist on its reappointment.

The Court of Appeal upheld the decision, citing Art. 22 of the RF IC, according to which a decision can be made if the plaintiff, after reconciliation, insists on divorce.

(Appeal ruling No. 11-131/2014 dated November 17, 2014 in case No. 11-131/2014).

When is a divorce permit required?

If one of the spouses initiates the procedure for divorce through the registry office, then the husband or wife must obtain consent to divorce from the other participant in the marriage. Otherwise, employees of a government agency cannot officially release the husband and wife from the obligations that they previously gave to each other (Article 31 of Federal Law No. 143 of November 15, 1997 “On Civil Status Acts”).

When considering a divorce case in court, the question of consent to sever official relations on the part of the defendant is not of fundamental importance. When drawing up an application, the plaintiff is not required to attach a written document indicating that neither spouse is against the divorce. But the presence of such confirmation can somewhat speed up the consideration of the case.

Problems and nuances

Despite the state's attempt to minimize the number of divorces, domestic legislation proceeds from the fact that it is necessary to exclude situations of forced marriage obligations on spouses when refusal to divorce is impossible. Moreover, the Family Code of the Russian Federation and Federal Law No. 143 of November 15, 1997 (“On Acts of Civil Status”) protects the interests of the mother, prohibiting the dissolution of marriages in couples where the woman is pregnant or the family is raising a child under 1 year old. In this case, the spouse is obliged to maintain a “unit of society”. As a general rule, the husband’s refusal to dissolve the marriage is not an obstacle to breaking off official relations. But the wife can initiate divorce proceedings at any time, which somewhat infringes on the rights of the husband.

In legal practice, it is impossible to exclude situations where spouses reconcile and decide not to divorce after the court has already made a decision on divorce. After 1 month it comes into force. It is during this period that the parties have the right to challenge the judicial act and cancel it. Before filing an appeal, you need to know exactly what rule of law the court violated when making its decision.

Attention

In order for spouses who have decided not to divorce to avoid unnecessary bureaucratic red tape, it is more advisable to pick up the divorce certificate from the registry office and legalize the relationship again. Moreover, a new marriage union can be registered on the same day when the parties received a document confirming the breakup of the previous one.

It is important to remember that formally no one can interfere with spouses in their desire to divorce. Both the registry office and the court can only delay this moment. A married couple may repeatedly want to break off the official relationship or refuse to dissolve the marriage, which psychologically exhausts both the wife and the husband. That is why it is necessary to try to resolve all conflicts and quarrels peacefully, through negotiations. Decisions to break family ties and refuse divorce must be balanced and carefully considered.

Can a wife refuse to consent to a divorce?

Divorce between spouses is excluded if the wife is pregnant or the child born is under 1 year old (Article 17 of the RF IC). But the fact of pregnancy and the presence of a small child is not an exhaustive list of circumstances that exclude the possibility of divorce. You can read more about how to get a divorce without the approval of your husband or wife in the article on our website “The procedure for divorce without the consent of your husband or wife.”

IMPORTANT

A spouse can refuse a divorce even if it turns out that her husband is not officially the father of a newborn child. The interests of a woman whose psychological and physical condition is not stable after childbirth are a priority. Divorce is also excluded in the situation of stillbirth, according to clause 1 of the Resolution of the Plenum of the Supreme Court No. 15 of November 5, 1998.

Can a husband refuse a divorce?

Formally, if a wife insists on divorce, then she does not need to obtain the consent of her husband, even if he refuses to divorce. It does not matter whether the applicant is “pregnant” or has already become a mother. But the husband does not unilaterally have the right to insist on dissolution of the marriage union if the wife is pregnant or the baby has not reached the age of 1 year.

For your information

In everyday life, one cannot rule out situations where a wife is consciously ready to free herself from the bonds of marriage and even categorically insists on this. Authorized bodies often make a positive decision on the case, but subject to legal formalities (the spouse is required to draw up a document in writing).

At the registry office, a husband and wife are divorced if they both file for divorce. The fact of joint appeal actually means that the spouses’ demands will be satisfied.

When a divorce case is subject to consideration in court, the wife initiating divorce proceedings is obliged to draw up a statement that complies with the norms of Article 131 of the Code of Civil Procedure of the Russian Federation. If the spouse acts as a defendant who wants to refuse a divorce, then formally the divorce case can simply be delayed if, in particular, she becomes pregnant.

Other reasons for refusal

The court will not consider the case of termination of marriage until other disputes are resolved, for example, declaring the marriage invalid or establishing the paternity of a child under one year old.

The incompetence of judicial representatives may also result in the spouses being denied a divorce.

For example, a couple began divorce proceedings, but after a while they came to an understanding and withdrew the claim. Then they applied again and were refused. The court referred to Art. 221 of the Code of Civil Procedure of the Russian Federation, according to which, repeated filing of a claim by the same parties for the same reasons is terminated by a court ruling. To prevent such situations, spouses should indicate a different reason for divorce in the new statement of claim.

Is it possible to withdraw the claim and application for divorce if you change your mind about getting a divorce?

The state is not interested in seeing “units of society” disintegrate, so spouses have the right to change their minds about dissolving a marriage within the framework of Part 3 of Article 19 of the RF IC. Reconciliation between husband and wife legally allows you to cancel the divorce and withdraw the corresponding application from the court, or not to appear at the registry office by a certain date for a divorce certificate.

Attention

It is not possible to return a divorce application from the registry office. The document is registered in a special civil registration book and is located in the administrative authority. In any case, failure to appear after 1 month at the registry office for a certificate of divorce means the automatic preservation of official relations. But there are times when spouses are very worried that a petition for divorce has been filed and want to cancel it. There is only one option - the husband and wife can appear at the registry office and ask the registry office employee to allow the reconciled couple to make manual entries about the mutual refusal to sever the official relationship - on the divorce application.

Family relationships are an obstacle to marriage

In the Russian Federation and in many civilized countries, there is a ban on incestuous family unions. This was done for physiological reasons. Marriage is prohibited between the following relatives (Article 14 of the RF IC):

• Children and parents;
• Grandparents and grandchildren;
• Brothers and sisters.

The ban also applies to half-brothers and sisters (one of the parents is the same). Such measures should prevent the birth of sick, non-viable offspring. Geneticists from many countries, including Russia, have found that as a result of marital relations between relatives, the likelihood of having children with genetic defects and mental retardation increases five times.

To prevent genetic mutations and degeneration of offspring, some European countries do not allow marriage between first cousins. You can learn about the church’s attitude towards marriages between relatives from the video

Refusal of an application for divorce at the registry office

According to part 3 of article 19 of the RF IC, part 4 of article 33 of Federal Law No. 143 of November 15, 1997 (“On acts of civil status”), after filing an application for divorce, the spouses are given 1 month to reconsider the accepted decision to divorce. If, after the specified period, the husband and wife remain convinced that saving the family is impossible, then they are obliged to visit the registry office again and confirm their original intentions.

In legal practice, it is impossible to exclude situations when, during the period allotted for reconciliation, the wife does not consent to the dissolution of the marriage while pregnant. Then the spouse has the right to refuse divorce unilaterally, but subject to providing the appropriate certificate from the antenatal clinic.

IMPORTANT

If, within the time provided by law, the spouses change their minds about dissolving the marriage by mutual consent, they will not be able to withdraw the application from the registry office since the document is already registered in the civil registry book. To refuse a divorce, it is enough for the spouses not to appear at the registry office on the appointed date. As a result, the husband and wife will not lose their original status. Moreover, the amount of the previously paid state duty will not be returned to the spouses, according to Part 2 of Article 333.40 of the Tax Code of the Russian Federation. But if disagreements arise, it is possible to re-file an application for divorce with the registry office.

Divorce without notifying the spouse

Some women, having puzzled over how to get a divorce without the consent of their spouse, resort to a trick - they get a divorce alone. Often they are led to this thought by the fear of scandals, showdowns, persuasion, intimidation and even assault.

They deliberately conceal the fact that they filed for divorce, do everything possible to ensure that court notices do not reach the recipient, regularly attend court hearings alone, and ultimately receive a divorce.

The former spouse can only come to terms with this fact and begin to build his life anew. Although those who are especially stubborn and zealously want to save the family can appeal the court decision to terminate the existence of the marriage union, annulling the fact of divorce.

But still, it is not advisable to resort to deception, but to try to resolve the issue peacefully.

For a unilateral divorce, you will need to collect a package of documents:

• statement of claim;
• applicant's passport;
• marriage certificate;
• receipt of payment of state duty for the divorce procedure

Refusal of a divorce petition in court

The procedure for divorce at the initiative of one of the parties is regulated by the norms of the Civil Procedure Code, the RF IC, as well as Federal Law No. 143 of November 15, 1997 (“On Acts of Civil Status”). The consideration of a claim for divorce in court takes from 1 to 3 months, according to Article 22 of the RF IC.

If during the divorce proceedings the spouses decided to save the family, then the plaintiff has the right to withdraw the submitted application within the framework of Article 39.173 of the Code of Civil Procedure of the Russian Federation. This prerogative is expressed:

1. In writing a document certifying the fact of refusal of divorce (before the start of the court hearing).
2. In an oral communication (during a court hearing).

Taking into account the applicant’s position, the court issues a ruling that terminates the divorce case.

Sample refusal of an application for divorce in word format

Sample refusal of application for divorce

To the Chairman

Oktyabrsky District Court of Stavropol

Plaintiff: Zharikov Ivan Dmitrievich

Address: Stavropol, st. Mira, 33, apt. 8

Declaration of waiver of claim

I turned to the defendant with a claim for dissolution of the marriage concluded between us on June 7, 2020 in the registry office of the Oktyabrsky district of Stavropol (entry in the marriage registration book No. 43).

I hereby declare my complete refusal of the above-mentioned claim against the defendant for the dissolution of the marriage concluded between us on June 7, 2016 in the registry office of the Oktyabrsky district of Stavropol (entry in the marriage registration book No. 43).

The plaintiff is aware of the procedural consequences of abandoning the claim.

In accordance with Article 173 of the Code of Civil Procedure of the Russian Federation, the plaintiff’s statement of abandonment of the claim is entered into the minutes of the court hearing and signed by the plaintiff, defendant or both parties. If the refusal of the claim is expressed in written petitions addressed to the court, the statement is attached to the case, as indicated in the minutes of the court session.

If the plaintiff refuses the claim, the court issues a ruling, which simultaneously terminates the proceedings.

In accordance with Article 220 of the Code of Civil Procedure of the Russian Federation, the court terminates the proceedings if the plaintiff has abandoned the claim and the refusal is accepted by the court.

In accordance with the above, I request that the proceedings on the above claim be discontinued.

November 21, 2020 (date of compilation)

_______________ (signature)

It must be taken into account that an application for reconciliation of the parties can only come from the plaintiff. The defendant has the right to re-initiate the divorce procedure by filing the appropriate application according to the general rules (Article 16, RF IC, clause 3, Article 34 of Federal Law No. 143 of November 15, 1997 (“On acts of civil status”)) if he changes his mind about saving the marriage after the case is terminated

When the court has made a positive decision on the issue of divorce, and it has entered into legal force, then the parties have no legal grounds to refuse the divorce and save the family, and to create one they will need to apply to the registry office again.

IMPORTANT

By registering the relationship again, some spouses think that legally they are restoring the family. But such a position is wrong. The term resumption of family relations should be used in a situation where a wife regains her husband, who was previously legally recognized as missing. In other cases, when the spouses want to reunite the marriage, they will have to register the marriage.

Cancellation of divorce proceedings by mutual consent

Before receiving a divorce certificate, the parties have the right to cancel the divorce. The features and procedure depend on where the application was submitted - to the registry office or to the court.

Through the registry office

After filing the application, the spouses are given one month to reconcile. Afterwards, the marriage is dissolved by making entries in the registry office in the presence of one of the parties. Annulment of a divorce proceeding is permitted in several ways:

1. Withdrawal of application. The letter is drawn up by both spouses and sent to the registry office where the documentation was submitted.
2. Failure to appear on the appointed date for termination. According to the law, a marriage is recognized as dissolved after 1 month in the presence of one of the spouses. If both fail to appear, the certificate is revoked.

Through the court

Proceedings in the case are terminated if both parties jointly fail to appear without explanation or if the plaintiff submits an application to waive the claims. As a result, a determination is issued on the completion of proceedings in connection with reconciliation.

Statement of waiver of claims: sample

The waiver must include the following information:

• name of the judicial authority;
• production details;
• data of the parties;
• a request to terminate proceedings due to the abandonment of the claim;
• date and signature of the initiator.

Sample application for refusal of a claim for divorce:

Magistrate of precinct No. 1 Rastopchenko R.V.

Plaintiff: Valeryeva O.K.

Defendant: Valeriev N. E.

Declaration of waiver of claim

On May 10, 2018, the plaintiff Valerieva O.K. filed a claim with the magistrates’ court for the dissolution of the marriage concluded between her and the defendant Valeriev N.E. on May 17, 2015. The Magistrate Court accepted the claim and scheduled the first hearing for May 23, 2018.

The case is currently under consideration. In connection with the reconciliation of the parties, I ask you to accept my refusal of the claim for divorce. I know the consequences of refusal.

DateName (signature)

Consequences of withdrawing a divorce application

According to the Code of Civil Procedure of the Russian Federation, after the claim is withdrawn, the initiator will not be able to present demands for divorce again without changing the reasons. For example, if the application previously indicated the defendant’s intentional unemployment, then the second time a different reason will have to be entered.

In case of refusal, all legal costs are borne by the initiator.

Necessary documents for refusal of divorce

Earlier in the article, information was already provided that the right to refuse divorce is predominantly on the side of the wife, not the husband. In the case where the spouse does not agree to divorce due to pregnancy, the woman must obtain a certificate from the antenatal clinic and provide it as confirmation. If the wife changes her mind about divorce due to the presence of children under 1 year of age, then the child’s birth certificate will be needed as evidence to refuse divorce.

To terminate the procedure for severing official relations in court, the plaintiff must apply to the state body with an application to terminate the proceedings/cancel the court hearing (Article 39, 220 of the Code of Civil Procedure of the Russian Federation). The document must indicate:

1. name, address of the court;
2. information about the applicant (full name, residential address, contact details);
3. details of the divorce case;
4. the essence of the petition indicating the reasons why the parties changed their minds about dissolving the marriage.

Based on the results of consideration of the document confirming the fact of reconciliation of the parties, the court representative makes a decision on the possibility of ending the divorce process.

Reasons for refusal by the registry office

The registry office refuses to dissolve a marriage if the participants in the divorce proceedings have provided documents that do not meet the established requirements, or there are certain contradictions with the law.

For example, a husband applied to the registry office with a written application for divorce and a verbal statement that his wife agreed to divorce, but did not document this and did not appear at the registry office. In this case, the registration authorities have grounds to refuse to dissolve the marriage, since with mutual consent to divorce, the application is submitted and filled out jointly, and if one of the spouses is unable to be present when submitting the application, then he must send a corresponding application for his part, which must be certified notary.

Also, the registry office will reject a divorce if one of the spouses is declared incompetent by the court, but the decision on this has not yet entered into legal force at the time the second spouse submits the application.

What to do if the registry office refuses a divorce?

The actions of citizens depend on the grounds for refusal:

How to refuse a divorce from your spouse?

If one of the spouses wants to refuse a divorce, then the simplest solution to save the family is not to visit the registry office. The specified government agency formalizes the dissolution of marital relations only subject to the mutual consent of the parties. The presence of property disputes between husband and wife also means that it will not be necessary to sever official relations in the registry office (clause 2 of article 24 of the RF IC).

For your information

In the event that a divorce case is heard in court, the parties will be given a period for reconciliation. During this period, a wife trying to refuse a divorce may delay the process of terminating family relations. In particular, she may become pregnant and then the decision on the issue will be postponed until the child is one year old. Moreover, if the wife has every chance to refuse a divorce, then the husband has practically none. In this case, family law defends the interests of the woman.

Documents for download:

Download the application in form No. 8 for divorce by mutual consent.

Download the application in form No. 9 for unilateral divorce.

Download an application in form No. 10 for divorce based on a court decision on divorce.

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Anna Vladimirovna

I am the editor-in-chief of our information portal, and I carefully review all the material from our experts before publishing them here. An economist by education, specialization in accounting, analysis and audit. Experience as an accountant for 10 years. I can work with long texts and legal documentation.

Deadlines for satisfying a refusal to divorce

If the parties dissolve the marriage through the registry office, and after a month they do not visit a government agency and do not pick up a divorce certificate, then their union is automatically preserved, in accordance with Part 4. Article 33 of Federal Law No. 143 of November 15, 1997 (“On acts of civil status”).

When considering a case in court, the spouses are given 3 months for the husband and wife to make attempts to resolve their personal relationships and, possibly, refuse a divorce. If reconciliation between the parties occurs within the specified period, a ruling is issued to suspend the proceedings. Moreover, the plaintiff can at any time waive his demands for divorce before the judge leaves for the deliberation room. And if, after the period allotted for reconciliation, the applicant does not appear at the court hearing, then the representative of the judicial authority has the right to terminate the divorce proceedings.

How the case will be handled

After accepting the application for divorce, the judge will set a date for the consideration of the case and notify the time and place of the court hearing. It is usually scheduled one month after submitting the application.

note

If both spouses did not appear at the court hearing and did not inform about the reasons for the failure to appear, the judge has the right to regard this as reconciliation and terminate the proceedings.

When considering a divorce case, ideally both spouses should be present. After all, the court will find out all the reasons for the impossibility of further family life, the circumstances that led to discord in the married couple, and listen to the arguments of both sides on this issue.

The defendant (in our case, the husband) is capable of not coming to the court hearing, but this will not be a guarantee for him of preserving the family. If the judge does not consider that his absence from the divorce proceedings is due to valid reasons, he will be able to make a decision on divorce without his consent at the first meeting. But usually the meeting is postponed for a certain period of time so that both spouses can come to the meeting room and have the opportunity to listen to the opinions of both sides.

In practice, if the judge sees even the slightest chance to save the family, and the spouse who disagrees with the divorce insists on living together, the couple is given a period of no more than three months for reconciliation. We will tell you more about the timing of divorce in this article.

But if it is not possible to reconcile the spouses, and at least one of them insists on divorce, the judge decides to dissolve the marriage.

Cost of refusal to divorce

Each spouse can refuse a divorce, but the law will in any case be on the woman’s side if certain circumstances are present:

1. Wife's pregnancy.
2. Common child under one year of age.

If the spouse does not agree to divorce for the above reasons, then in the first case she must request a certificate of her “situation” from a medical institution, and accordingly undergo an examination procedure to establish the fact that she is expecting a child. Next, attach evidence confirming pregnancy to your refusal of divorce. In the second case, all you need is the child’s birth certificate and a statement of disagreement to dissolve the marriage. The cost of the procedure depends on which medical center the spouse goes to - in city clinics pregnancy certificates are issued free of charge.

Formally, the costs of a person interested in a divorce are limited to the payment of state fees. According to Art. 333.19, 333.26 of the Tax Code of the Russian Federation, its amount can vary from 600 to 60,000 rubles (depending on the circumstances of the case).

IMPORTANT

To dissolve a marriage at the registry office, applicants must pay 650 rubles. But the husband and wife do not have the right to count on compensation of 1,300 rubles if the spouses decide to refuse the divorce, since the state fee is not refunded if the parties are reconciled. When going to court, the amount of money paid to the budget may be returned when the applicant’s claim was not accepted or was left without consideration.

The procedure for divorce through court

Even if one of the parties refuses to dissolve the marriage, this is not a reason for the marriage not to be dissolved. The only exception is if the refusal to divorce comes from a woman who is pregnant, or if the child has not yet reached the age of one year.

The applicant can withdraw from the claim for divorce at any time. And it won't have any consequences

After receiving a statement of claim from one of the spouses, the court sets a date for the trial. If both spouses do not appear, then this is considered their refusal to dissolve the marriage, and the case is closed. If only one spouse does not appear, then the reasons for his absence are clarified, then a new meeting is scheduled, and the court gives the spouses a period of no more than three months for reconciliation. If during this time the claim is not withdrawn from the court, then a court decision on divorce follows.

What to do if the registry office refuses a divorce?

In legal practice, cases often arise when a government agency employee, the head of civil status acts, issues a refusal to divorce. For example, when only the husband applies for a divorce to a government agency, citing the fact that his wife, like him, does not want to save the family, but does not provide written evidence to confirm the stated fact.

If the registry office refuses to divorce on the specified grounds, the spouse has the right to appeal the decision in court. For this, the interested person, in accordance with Article 23, 131,132 of the Code of Civil Procedure of the Russian Federation, 333.19 of the Tax Code of the Russian Federation:

1. Applies to the court with a statement.
2. Determines how much state duty should be paid to consider his complaint in court.
3. Draws up a statement according to the rules set out in Article 131 of the Code of Civil Procedure of the Russian Federation (indicating the motivated reasons that give him the right to demand a divorce).
4. Attaches written evidence to the claim to substantiate the stated claims.
5. Sends documents to the court office (in person or by mail).
6. Waits for court notification of the date and time of the court hearing (provided that the claim is drawn up correctly and the case is accepted for proceedings).

The court, having considered the plaintiff’s application, will make a decision that will annul the refusal to divorce or leave it in force.

Restoration of marriage in court

In the event that the court did not make a timely decision to refuse divorce, i.e. the divorce has taken place, and there has been a mistake, the marriage can be restored. As a rule, this refers to the unilateral severance of marital relations due to the recognition of one of the spouses as missing or dead. The only exceptions are cases of remarriage. Restoring previous relationships in such a situation will be impossible.

Conclusion. Refusals to divorce are quite common. In most cases, the reason is the reconciliation of the spouses. In exceptional situations, spouses receive a negative response from civil registry office employees or the court. In this case, the reason for the refusal may be either the wife’s pregnancy or simple forgetfulness regarding payment of the state fee for divorce.

What to do if the court refuses to divorce?

There are often cases when a husband and wife are prohibited from divorcing on the initiative of the court. If both spouses do not want to save the family, then they can wait until the legal grounds that guided the judge when making the decision to cancel the divorce no longer exist. For example, resuming the divorce process after the child turns 1 year old.

If the applicant believes that the judge made an unlawful decision to refuse divorce, then the spouse also has the right to appeal this verdict to a higher authority. But provided that the act has not entered into legal force.

To appeal a court decision, an interested person, in accordance with Articles 320, 320.1, 321 of the Code of Civil Procedure of the Russian Federation, Article 333.19 of the Tax Code of the Russian Federation:

1. Contact a higher court.
2. Determines how much state duty should be paid to consider his complaint in court.
3. Draws up a statement according to the rules set out in Article 322 of the Code of Civil Procedure of the Russian Federation (indicating the motivated reasons that give him the right to demand a divorce).
4. Attaches written evidence to the claim to substantiate the stated claims.
5. Sends documents to the court office (in person or by mail).
6. Waits for court notification of the date and time of the court hearing (provided that the complaint is drawn up correctly and the case is accepted for proceedings).

If the plaintiff does not agree with the decision of the appellate court, he has the right to challenge it through the procedure of cassation and supervision.

For your information

Circumstances may arise in which the applicant was unable to appeal the act in a timely manner (long business trip, illness, etc.). In this case, one of the spouses has the right to petition for the restoration of the missed deadline for filing an appeal. But the plaintiff is obliged to confirm in writing the fact that he could not challenge the court’s decision to refuse the divorce in time. If the reasons are recognized as valid, then it is possible that the act adopted in the first instance will be revised (Article 112, 376.1 of the Code of Civil Procedure of the Russian Federation).

How to file an objection to a claim

An objection to the claim is filed only in one case: if the woman is pregnant or the spouses have a common child under one year old (Article 17 of the RF IC). Having received notice of the commencement of divorce proceedings, she needs to prepare documents confirming the above-mentioned circumstances: medical certificates or birth certificate.

Here's what the procedure looks like:

1. The judge accepts the objection and issues a ruling refusing to consider the claim.
2. Copies of the determinations are sent to both parties.

Note: in other cases, instead of an objection, a petition is filed to set a conciliation period if the defendant does not agree to 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.

What to do if the husband or wife did not give a divorce?

In fact, the spouse has the power to refuse divorce (Article 17 of the RF IC). If a wife insists on divorce, she does not need to obtain her husband’s consent, even if he refuses to break off the marital relationship. At the same time, it does not matter whether the spouse is “in a position” or whether the family has a child under the age of 1 year - the law will primarily support the interests of the woman. To refuse divorce, the wife will need to express her protest in writing to the institution where the divorce application was filed, taking into account evidence of her pregnancy or the presence of a child under 1 year old.

The husband does not have the right to insist on dissolution of the marriage if the wife is pregnant or the baby is under 1 year old. In practice, more often there are cases when the spouse does not grant a divorce. A man in such a situation needs to wait out the time established by law, and then go to court with an application for divorce, if it is still not possible to save the family.

For your information

In everyday life, one cannot exclude situations when a wife is consciously ready to free herself from the bonds of marriage and even categorically insists on this. Authorized bodies often make a positive decision on the case, but subject to legal formalities (the spouse is required to draw up a document in writing).

At the registry office, a husband and wife are divorced if they both file for divorce. The fact of joint appeal actually means that the spouses’ demands will be satisfied.

When a divorce case is subject to consideration in court, the wife initiating divorce proceedings is obliged to draw up a statement that complies with the norms of Article 131 of the Code of Civil Procedure of the Russian Federation. If the spouse acts as a defendant who wants to refuse a divorce, then formally the case of breaking up the marital relationship can simply be delayed if, in particular, she becomes pregnant.

Where to apply

One of the main difficulties that people face when filing for divorce is to correctly indicate the reasons for divorce in the statement of claim. It seems that everything is clear and understandable: love has passed, there is not even respect left, he drinks, walks, beats, does not care about children, does not earn money... But how to write about this correctly in an official document that will be read by complete strangers, and even so, so that they understand everything the way they should understand? This is our note.

Only the court has the right to issue a divorce decision if one of the spouses is against preserving the marriage.

First you need to decide which court to go to. If, in addition to the divorce itself, you need to resolve issues about who the children will live with after the divorce, or about joint property worth more than 50,000 rubles, then you will need to write a statement of claim to a city or district court. If such issues do not concern you personally, then the application is submitted to the magistrate.

As for territoriality, as a general rule, a claim is filed in the court of the locality, region or district where the defendant is registered at his place of residence. But in accordance with paragraph 4 of Article 29 of the Civil Procedure Code of the Russian Federation, it can also be accepted at the place of residence of the plaintiff, if there are reasons for this: the presence of a young child or the inability to come to this court due to poor health or for other reasons.

1. The spouse is declared dead or missing by the court.
2. There is a court decision declaring a spouse incompetent.
3. The husband was convicted of committing a crime and is serving a sentence of over three years in a correctional facility.

It will be enough to draw up an application in Form No. 9 and take it to the civil registry office at the place of residence or marriage registration.

Spouses have the right to refuse divorce voluntarily. After receiving the application at the registry office, the parties are given one month for reconciliation. During this period, spouses have the right to change their decision. Otherwise, after a month they must re-visit the registry office, confirm the seriousness of their intentions and pick up a divorce certificate.

In the event that within a month it is discovered that the wife is pregnant. A woman has the right to terminate the divorce unilaterally by providing the appropriate medical certificate.

If the parties change their mind about divorce by mutual consent, they can withdraw their application at any time or simply not come to the registry office again. If you fail to appear after a month for a divorce certificate, the union will be considered valid and the divorce will be considered imperfect. At the same time, a refund of the state fee paid upon acceptance of the application will not be possible.

Spouses can re-file for divorce at any time. The number of applications is not limited by any limits. At the same time, do not forget about paying the state duty. It accompanies the acceptance of each application. Please note that civil registry office employees cannot refuse to accept repeated applications, regardless of the frequency of their submission.

A statement of claim is filed in court by one of the parties. The court hearing is scheduled one month after his appointment. The divorce process itself can take up to three months. During this period of time, up to the removal of the judge from the courtroom to the deliberation room, the plaintiff has the right to change his decision. It is worth considering that after the court’s decision, the union will be considered officially broken.

There are two ways to refuse a divorce in court:

1. By writing a statement of refusal of the claim.
2. Declare reconciliation of the parties at the court hearing.

In the first case, the plaintiff draws up a written statement before the trial. A sample of it can be found on the Internet, or you can ask for help from a lawyer or the secretariat of the court. In the main text of the application, the plaintiff must refer to the reconciliation of the parties and the desire to preserve family relationships. He has no right to refuse this request. The application is written to the judge involved in the consideration of the divorce case.

Only the plaintiff can write a statement; this right does not extend to the defendant. If the latter still wants to get a divorce, and the plaintiff has closed the case and withdrawn the documents from the court, he has the right to re-apply on his own behalf. This will require drawing up a new claim, collecting documents and paying state fees for divorce.

The withdrawal of the statement of claim does not carry any legal consequences. The plaintiff has the right to re-apply for divorce at any time. In this case, the paid state duty is not refundable.