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The divorce procedure of military divorce

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The divorce procedure of military divorce


        

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  • 2024-06-24 09:00:02

    1、 Prosecution of military divorce cases
    1. Conditions for prosecution. Including: the plaintiff is a citizen, legal person or other organization with a direct interest in the case; There are definite defendants; There are specific claims, facts and reasons; It belongs to the scope of civil action accepted by the court and the jurisdiction of the court to be sued.
    2. Mode and content of prosecution. There are two ways of prosecution: written prosecution and oral prosecution. In case of written prosecution, a copy shall be submitted according to the number of defendants. In case of oral prosecution, the court shall record it in the record and inform the other party. The indictment of a military divorce case shall include the following items: the basic information of the parties; The claim and the facts and reasons on which it is based; Evidence and source of evidence, name and address of witness.
    3. Legal costs. According to the Measures of the People's Court on Litigation Charges, for divorce cases, the acceptance fee of 10 yuan to 50 yuan shall be paid for each case. If it involves property division and the total amount of property does not exceed 10000 yuan, no additional fee will be charged; If the amount exceeds 10000 yuan, 1% will be paid for the excess. At the end of the trial of the case, the case acceptance fee shall be borne by the losing party, and if both parties are responsible, it shall be borne by both parties.
    2、 Acceptance of divorce cases of servicemen According to the provisions of the Civil Procedure Law, the people's court shall file a case within 7 days if it receives a petition of complaint or an oral complaint and, after examination, considers that it meets the conditions for prosecution. The special circumstances of rejection include: during pregnancy, within 1 year after delivery or within 6 months after termination of pregnancy, the husband shall not apply for divorce; A divorce case in which the judgment forbids divorce and the mediation is good, without new information and new reasons, and the plaintiff files another lawsuit within 6 months; Both men and women are willing to divorce, and have properly handled their children and property issues. After the divorce registration is handled in the marriage registration authority and the divorce certificate is obtained, one party reneges but the original marriage registration authority has not revoked the divorce registration. The above provisions also apply to military divorce cases.
    3、 The ordinary procedure and the summary procedure for the trial of military divorce cases are mostly applicable to the summary procedure, but some cases can be transferred to the ordinary procedure to continue the trial if they are found complicated in the trial process. In addition, the procedure for hearing military divorce cases is the same as that for other civil cases. At the time of divorce, the demobilization pay belongs to the personal property of soldiers, and the property is not divided as common property at the time of divorce.

    P***

    2024-06-24 09:00:02

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