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How long do you get a subpoena for suing for divorce

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How long do you get a subpoena for suing for divorce


        

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  • 2024-06-14 19:02:27

    After filing a divorce lawsuit, the court will generally serve a summons to the defendant within 7 days. In judicial practice, how long the court can receive the subpoena after filing a case is generally controlled by the court, usually within 10 days to one month. In judicial practice, divorce disputes are generally judged within one month after the court session. At the hearing, both parties shall carry their original ID cards, hearing summonses and all original evidence materials. Note that if there is no evidence submitted within the period of proof provided by the court before the hearing, the evidence will be brought to the court during the hearing to say that new evidence will be submitted. Unless the other party agrees to the submission of this party and waives the period of proof, the evidence submitted will be invalid. Before the court session, the clerk will read out the court discipline, telling the parties to turn off their mobile phones or mute their phones, not to answer or make calls, and not to speak at will. In the hearing of ordinary civil cases, the judge will first read out the relevant laws and regulations, ask whether the parties have received the court documents before the hearing, and also ask whether the plaintiff and the defendant apply for withdrawal from the judge and the clerk. The court will continue to hear the case only when neither the original nor the defendant applies for withdrawal.
    What are the conditions for divorce before prosecution? Conditions for divorce prosecution: 1. According to relevant laws and regulations in China, the conditions for divorce prosecution include: (1) Both parties have marriage certificates. (2) The initiation of divorce proceedings must be one of the parties to the marriage relationship, and no other third party may bring a lawsuit as the litigant. (3) The party who files a lawsuit for divorce must have full civil capacity, and those who do not have full civil capacity cannot file a lawsuit for divorce. 2. In addition, the law has special provisions: when the woman is pregnant, within one year after childbirth or within six months after the termination of pregnancy, the man cannot apply for divorce. This restriction shall not apply if the wife applies for divorce, or if the people's court deems it necessary to accept the husband's divorce request. To sum up, a subpoena is usually received within seven days when filing for divorce. Do you understand?
    Article 125 of the Civil Procedure Law The people's court that serves the bill of complaint and submits the bill of defense shall send a copy of the bill of complaint to the defendant within five days of filing the case, and the defendant shall submit the bill of defense within fifteen days of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it. If the defendant does not submit a defence, the trial of the people's court shall not be affected

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    2024-06-14 19:02:27

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