Sometimes we commit rash acts which we then regret very much. Most often, these kinds of decisions are made because of the great emotional stress associated, for example, with divorce. But after understanding the situation, soberly assessing it, people sometimes change their decisions. Here the question arises of how to pick up the filed application for divorce.
Dissolution of a marriage is carried out by the civil registry office (Civil Registry Office) upon mutual application of the spouses, if they have no minor children. The marriage is dissolved one month after the filing of the divorce application. This period is specifically provided for by law in case the spouses wish to change their minds, thereby preserving the family.
If the spouses who filed an application for divorce at the registry office decided to pick it up before the expiration of 1 month, then this can only be done in the presence of two parties and with mutual consent. To do this, the spouses must write a joint statement in which they must indicate the reasons for such a refusal. Based on the results of consideration of this application, an agreement is concluded between the spouses to terminate the divorce procedure. It must be in writing and notarized.
If only one of the spouses applied to withdraw the application for divorce, the process of divorce will not be stopped (regardless of whether the other spouse agrees or not). In such cases, it is necessary to apply to the court, where you will have to defend your point of view. In your application you must: describe the current situation; indicate when and by whom the application for divorce was filed; reasons why there was a desire to withdraw the application; the opinion of the second spouse, if known; the reason why the second spouse could not appear at the registry office to write a joint statement to refuse a divorce.
On this application, a court session will be scheduled, in which the parties must prove to the court that they are reconciled and do not want to divorce. Based on the results of the consideration of the case, the court will make a decision in which it will oblige the registry office to terminate the divorce procedure, or refuse the applicant to satisfy his application. If you are not satisfied with the adopted court decision (the court did not satisfy your demands), do not despair - it can be appealed in cassation procedure. In practice, judges go to meet spouses who want to preserve their marriage, so with a high degree of probability I will go to meet you.