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Which should pay the litigation fees for divorce

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Which should pay the litigation fees for divorce


        

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  • 2024-06-24 15:00:48

    The burden of litigation expenses in divorce cases shall be decided by the people's court. Because divorce cases are decided on the basis of whether the feelings of both parties are broken, the winning party may not be faultless, and the losing party may not be primarily responsible, so it is up to the people's court to decide the case and the specific circumstances of the parties. In litigation practice, it is often like this: the plaintiff prepays the litigation costs first. If a divorce is decided, it is generally shared by both parties. In addition, the court has the right to decide that the party with fault should share more litigation costs, and the party without fault should share less litigation costs. What are the legal causes of divorce proceedings? The legal causes of divorce proceedings are very simple. As long as one party proves that the relationship between husband and wife has broken down and can not reach an agreement on divorce, divorce proceedings can be initiated. Then, how to prove that the couple's "feelings have broken" may refer to Article 32 of the Marriage Law: "There are the following circumstances
    1、 If mediation fails, divorce shall be granted:
    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. After accepting the divorce case, the people's court will grant the divorce if the feelings have really broken down and the mediation is invalid. China's marriage law protects the interests of women, fetuses and infants by limiting the right of the man to sue for divorce in a certain period of time in divorce proceedings. That is, Article 34 of the Marriage Law (Amendment) stipulates: "The husband shall not apply for divorce when the wife is pregnant, within one year after childbirth, or within six months after termination of pregnancy. 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.". It should be noted that:
    1、 This provision only deprives the man of the right to apply for divorce for a certain period of time, that is, only during the pregnancy of the woman, within one year after childbirth, or within six months after termination of pregnancy. After the above period expires, the husband can still exercise his right to divorce according to law;
    Second, it only plays a role in the divorce proceedings when the man proposes divorce, so the voluntary divorce of both men and women and the divorce of the woman are not restricted by this provision. Generally, the woman filed for divorce during this period for some particularly urgent reasons. If the court did not accept the woman's divorce request in time, it would be even worse for the physical and mental health of women, fetuses and infants;
    Third, when it is "really necessary", the people's court has the right to decide to accept the divorce request of the husband. In judicial practice, the so-called "really necessary" is generally understood as: the man has a legitimate reason, the woman has a major fault, or there are major urgent reasons. If the woman is adulterous and pregnant with others, the man insists on divorce. Even so, the court should also pay attention to protecting the physical and mental health of women, fetuses and infants when handling cases.

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