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How long can I leave after suing for divorce

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How long can I leave after suing for divorce


        

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  • 2024-06-14 19:02:27

    For divorce cases, after the court accepts them, if they are handled in accordance with summary procedures, the trial period is three months; If the ordinary procedure is followed, the trial period is six months. When filing a divorce lawsuit for the first time, if the other party insists on not wanting to divorce, and there is no legal reason for divorce, the court will not generally decide on divorce. The second lawsuit will be filed six months after the first non divorce judgment takes effect. In the second divorce lawsuit, the court will usually decide whether the other party agrees to divorce or not. According to the above time limit, if the final divorce goal is achieved only after two prosecutions, it will take about two years. In the foreign-related divorce proceedings, due to the more complicated procedures, if the other party deliberately delays, the time will be longer.
    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, the procedure is generally three to six months after the divorce lawsuit is accepted. Do you understand?
    Article 149 of the Civil Procedure Law of the People's Republic of China, 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.
    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.

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