Divorce proceedings

How to go about the procedure of divorce proceedings

1、 Go to the court to sue

Court divorce procedure The first step is to prosecute. Materials required for prosecution include: indictment And a copy of the indictment ID , Household Register, Marriage Certificate Residence certificate The main cause of emotional breakdown evidence Materials, basic information of children and raise Proof of condition and other materials. (《 Divorce indictment Standard format)

2、 Court trial stage

This is the most important divorce procedure in the court.

1、 Filing a case , the court received Indictment If the case meets the conditions for filing, the court will send a copy of the complaint to your spouse within 5 working days after filing. Your spouse shall submit a copy of the complaint within 15 days after receiving it Pleading 。

2. Mediation. After hearing divorce materials, the court will not immediately conduct a trial, but will conduct mediation before the trial. If mediation fails Hearing 。

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What is the cost of divorce proceedings

（1） 50 to 300 yuan for each divorce case;

（2） Involved Division of property If the total amount of property does not exceed 200000 yuan, no additional payment will be made; 0.5% for the part exceeding 200000 yuan;

(III) Divorce proceedings Expenses incurred in the process of identification, announcement, inspection, translation, evaluation, auction, sale, etc. that should be borne by the parties according to law shall be paid in advance by the parties according to the principle of "who claims, who bears";

（4） If the party concerned fails to provide evidence within the period of providing evidence due to its own reasons second instance Or new evidence presented during the retrial Litigation costs If it increases, the increased litigation costs shall be borne by the party concerned.

（5） If the people's court of second instance decides to remand the divorce case for retrial, it shall refund the fees paid by the appellant for accepting the case of second instance.

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How long will divorce proceedings take

? If it is divorce by lawsuit The difference in time required is even greater, ranging from three months to one or two years, or even longer. And because of property Child support Even five or six years after divorce, there are many disputes still in court.

civil procedure law There are the following circumstances in the time regulations for divorce litigation cases in:

1. A copy of the statement of complaint shall be sent to the defendant within 5 days from the date of filing the case, and the defendant shall submit a statement of defense within 15 days from the date of receiving it.

2. If the defendant submits a defence, the people's court shall send a copy of the defence to the plaintiff within 5 days from the date of receipt.

3. When the ordinary procedure is applied, the trial shall be concluded within 6 months from the date of filing.

4. Under special circumstances, it can be extended for 6 months with the approval of the president; If the extension is needed, it shall be reported to the superior people's court for approval

What materials need to be submitted for divorce proceedings

divorce dispute To bring a lawsuit to the court, the following necessary materials shall be provided according to the content of the lawsuit request:

1. Proof of marital relationship;

2. Facts or evidence of marital feelings and reasons for divorce. If the defendant's whereabouts are unknown, proof of the time and circumstances of his whereabouts shall be provided;

3. Proof of children's situation, namely: children's name, gender, birth date, living conditions, etc., description and relevant certificates of legitimate, illegitimate stepchildren or adopted children;

4、 Conjugal property Proof of property nature, source, invoice, list and Creditor's rights and debts For vouchers, if there is a deposit, the amount, account number, account name, deposit date, type, bank passbook holder and other supporting materials, or other relevant materials that can prove. If the property has been transferred, an explanation and evidence shall be provided, including the economic conditions of the plaintiff and the defendant and their proofs;

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Circumstances of divorce in divorce proceedings

The court will not necessarily divorce you. The court's criterion for divorce is "whether the relationship between husband and wife has really broken down". How come there are no following legal circumstances in the first divorce lawsuit? If the other party does not agree to divorce, the court will not generally rule out the divorce.

According to the Civil Code, divorce shall be granted if mediation is invalid under any of the following circumstances:

1. Bigamy or cohabitation with others

2. Committing domestic violence or abusing or abandoning family members

3. Gambling, drug taking and other bad habits persist after repeated education

4. Separated for two years due to emotional discord

5. Other causes Couple's feelings are broken Situation of

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Model of divorce lawsuit

? Plaintiff: (basic information: name, gender, age, nationality, occupation, work unit and address)

Defendant: (Basic information: name, gender, age, nationality, occupation, work unit and address)

Claim

Write the purpose that you want to achieve, including: asking for divorce, child support, bearing of maintenance fees, the other party's request for visitation rights when raising, the division of property, the way or amount of asking the other party for financial assistance when you are in difficulty, the other party's bigamy, cohabitation, domestic violence or abuse The amount of damages claimed when abandoning family members, such as:

1、 Divorce the plaintiff and the defendant;

2、 The legitimate son/daughter is supported by the plaintiff, and the defendant pays the maintenance fee in a lump sum

Agency fee of divorce lawyer

The attorney fees vary from place to place, and the specific fees charged by different lawyers also vary, which should be determined through consultation with lawyers. The attorney fee is generally calculated according to the amount involved in the case and the proportion specified in the local lawyer service standard. It shall be collected according to the nature, object and complexity of the case.

For attorney fees for divorce proceedings, the following standards are only for reference:

1. If there is no property involved or property dispute, 1000 yuan - 10000 yuan/piece.

2. If the property is involved or there is a property dispute, the fees shall be accumulated in sections according to the following proportion:

The part below 100000 yuan (including 100000 yuan): 6%

RMB 100000 - 500000 (included): 5.5%

RMB 500000 - RMB 1000000 (included): 5%

RMB 1 million - 5 million (inclusive): 4%

5 million yuan - 10 million yuan (included): 3%

For the part above 10 million yuan: 2%