They refused to accept my claim for divorce, citing the fact that some kind of jurisdiction was violated. What does jurisdiction mean and can I go to court again?
Elena, Zvenigorod
There is such a concept in procedural law - jurisdiction, which establishes the rules for determining in which court a particular case should be heard. To begin with, when determining jurisdiction, they determine whether the case is subject to consideration in courts of general jurisdiction or in arbitration courts, etc. Then, determining the territorial jurisdiction, they decide in which district (city) court the case should be heard.
In civil cases, a claim, according to the general rule, is brought in court at the place of residence of the defendant (location of the organization) (Article 28 of the Civil Procedure Code). There are cases in which the law allows the plaintiff to choose jurisdiction independently. So, according to Art. 29 of the Code of Civil Procedure of the Russian Federation, claims for the collection of alimony and for establishing paternity can also be brought by the plaintiff to the court at the place of his residence.
Claims for divorce can also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the defendant’s place of residence. If you have the stated grounds for applying Art. 29 – go to court again, just justify your right to choose jurisdiction. If there are no such grounds, file a claim at the place of residence of the defendant, the husband.