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After the divorce indictment is handed over to the court, don't you want to withdraw the lawsuit before the case is filed

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After the divorce indictment is handed over to the court, don't you want to withdraw the lawsuit before the case is filed


        

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  • 2024-06-14 17:00:00

    After the divorce indictment is handed over to the court, don't you want to withdraw the lawsuit before the case is filed
    After the divorce petition is submitted to the court, it is not necessary to withdraw the lawsuit before it is filed. It is OK to directly request the filing court to return the information you submitted. The absence of filing means that the court has not formally accepted the divorce case, and the exercise of the right to withdraw is based on filing. There is no withdrawal without filing. Non prosecution is the basic litigation right of the parties. Article 148 of the Civil Procedure Law of the People's Republic of China: If the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default. The conditions for applying for withdrawal are: 1. The applicant must be the plaintiff. The appellant, the third party with independent claim right and its legal representative or specially authorized agent ad litem; 2. The application for withdrawal must be voluntary. No one may force the party to apply for withdrawal of the lawsuit, nor can the judges mobilize the party to withdraw the lawsuit for any reason; 3. The withdrawal of a lawsuit must be legal. In terms of time, it shall be before the judgment is announced after the case is accepted. The application for withdrawal of a lawsuit shall not have the behavior of evading the law, violating the law, or harming the interests of the state, the collective, or others; 4. The withdrawal of a lawsuit must be decided by the court. It is the right of the parties to apply for withdrawal, but the court will inform the parties in the form of a ruling after reviewing whether or not to allow it. In civil proceedings, there are also cases of withdrawal. The so-called handling by withdrawing a lawsuit means that although the party has not applied for withdrawing a lawsuit, its certain behavior in the lawsuit has indicated that it is unwilling to continue the civil lawsuit, so the court decides to cancel the case and refuse to hear it. According to the laws and regulations of our country, the cases of handling according to the withdrawal of the lawsuit are: 1. The plaintiff or the appellant failed to pay the litigation costs on time; 2. The plaintiff refused to appear in court without justified reasons after being summoned; 3. The plaintiff withdrew from the court halfway with the permission of the court; 4. The plaintiff should have paid in advance but failed to pay the case acceptance fee in advance. The people's court has notified him to pay in advance, but he still fails to pay after the notification, or fails to pay the litigation costs without the approval of the people's court to apply for postponement, reduction or exemption; 5. If the legal representative of the plaintiff without civil capacity refuses to appear in court without justified reasons after being summoned by the court, the case may be dismissed; 6. If a third person who has the right to make an independent claim refuses to appear in court without justified reasons after being summoned by the court, or withdraws from court halfway without the permission of the court, it may be treated as withdrawal of the lawsuit. The trial of the case shall not be affected if a third person who has no independent request refuses to appear in court without justified reasons, or withdraws from court halfway without the permission of the court. For cases that can be dealt with as withdrawal according to law, if the parties have illegal acts that need to be dealt with according to law, the court may not deal with as withdrawal. If the court allows the plaintiff to withdraw or treats the plaintiff as withdrawn, the plaintiff can apply to the court to refund half of the advance litigation fees, and the limitation of action shall be recalculated. If the plaintiff brings a suit again within the limitation of action, the people's court shall accept it. If the court allows the appellant to withdraw the appeal or treats the appellant as a withdrawn appeal, the appellant can apply to the court to refund half of the appeal fee, and the judgment of first instance has legal effect. If the court allows the third party with independent claim right to withdraw the lawsuit or treat it as withdrawal, the third party with independent claim right can apply to the court to refund half of the legal fees paid by itself, but this does not affect the progress of the lawsuit between the plaintiff and the defendant. To sum up, after the divorce petition is submitted to the court, there is no need to withdraw the lawsuit before the case is filed. Do you understand this?

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