Divorce is one of the most unpleasant family procedures. If you did not manage to settle the family conflict before the court, but you have an irresistible desire to start everything from scratch, then, having gained strength and patience, you can challenge the court's decision to dissolve the marriage.
It is necessary
- - a claim for challenging:
- - 2 copies of the claim (for the plaintiff and the defendant);
- - receipt of payment of the state duty;
- -1 copy of the decision on divorce;
- - other documents of importance, at the personal discretion of the plaintiff.
Instructions
Step 1
First, you need to file a dispute claim within 10 days. Such a claim means: an appeal, a cassation complaint or a counterclaim. This document is submitted to the same judge who handled your divorce proceedings.
Step 2
If the divorce case was pending at the Magistrates' Court, the appeal should be filed there too. From there, your case will be transferred to the district court, which will issue the final verdict. If the initial hearing took place in the district court, you will need to file a cassation appeal as a claim for challenging. The cassation will be considered in the regional court (if the case took place in the region) or in the Moscow city court.
Step 3
Please note that you will not be able to challenge a court decision without weighty arguments and convincing evidence. “Disagree” is not enough to send your claim back for review. As with any official document, a claim for challenging a divorce is written by hand or typed on a computer on an A4 sheet.
Step 4
The document must indicate:
- the name of the court to which the appeal is filed (for example, to the magistrate of the judicial district No. 15 of the Dzerzhinsky judicial district of Moscow, the name of the judge);
- the full names of the plaintiff and the defendant, their addresses are also indicated here;
- the date of registration of the marriage;
- the date of divorce (instructions for appealing the decision);
- the reasons for writing the claim and the motives of the plaintiff (indicate weighty arguments for the restoration of marriage);
- claim.
Step 5
However, remember that this is just a formal part of your family relationship. Therefore, whatever the court decision, if you want to save your family, fight for it to the last!
