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How long can both parties agree to divorce

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How long can both parties agree to divorce


        

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  • 2024-06-14 19:02:27

    Both parties to the divorce lawsuit agree that they can be sentenced to leave in about three to six months. If there is evidence to prove that the relationship between husband and wife has really broken down and the mediation is invalid, the couple can be sentenced to divorce; A case tried by summary procedure shall be concluded within three months from the date of filing; A case to be tried under the ordinary procedure shall be concluded within six months from the date of filing. A case tried by a people's court in the ordinary procedure shall be concluded within six months from the date of filing the case. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval.
    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, it may take three to six months for both parties to agree to divorce. Did you know e Article 149 of the Civil Procedure Law of the People's Republic of China, a case that the people's court applies the ordinary procedure should be concluded within six months from the date of filing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval.
    Article 161 of the Civil Procedure Law of the People's Republic of China, when trying a case through summary procedure, the people's court shall conclude the case within three months from the date of filing.

    Li***

    2024-06-14 19:02:27

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