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Fees for the first divorce lawsuit

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Fees for the first divorce lawsuit


        

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  • 2024-06-21 21:01:42

    1. Before going to court for "litigation", we should first make full preparations.
    (1) It is very important to collect relevant evidence before prosecution because it is difficult to win the case without evidence.
    (2) Pay attention to protecting family property. When one party files a lawsuit, the other party will often transfer the family's common property. Therefore, the evidence related to the joint property of the husband and wife shall be collected and sorted out before the prosecution, and the measures of litigation preservation can be adopted when necessary.
    2. Don't be nervous, collect relevant evidence and prepare for the hearing: many parties are often very nervous when they receive a summons from the court. Especially after seeing the defendant's statement of defense "distorting the facts", he was nervous and angry, and worried that the court would listen to the defendant. In fact, this is unnecessary. Generally, the court will listen to the defendant's opinions carefully only in the opening of the court session, and will not believe the defendant's pleadings after reading them.
    3. At the opening of the court session, you should prepare the litigation materials, do not be nervous, and calmly respond to the trial: you must bring all the litigation materials you need, such as ID cards, pleadings, and original evidence.
    Civil Procedure Law
    Article 136 stipulates that the people's court shall notify the parties and other participants in the proceedings three days before the opening of a court session to try a civil case. If the case is heard in public, the names of the parties, the cause of action, and the time and place of the hearing shall be announced.
    Article 32 Divorce proceedings
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife. Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
    Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China
    12. A case in which one of the husband and wife has left the place of residence for more than one year and the other party brings a divorce suit shall be under the jurisdiction of the people's court in the place where the plaintiff resides. If both husband and wife have left their places of residence for more than one year and one party filed a lawsuit for divorce, the case shall be under the jurisdiction of the people's court of the defendant's habitual residence. If the defendant has no habitual residence, the case shall be under the jurisdiction of the people's court of the plaintiff's residence at the time of filing the lawsuit.

    B***

    2024-06-21 21:01:42

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