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How to Deal with Divorce Judgment

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How to Deal with Divorce Judgment


        

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  • 2024-06-25 21:00:56

    After divorce in litigation, some property disputes can not be brought to the court, but can only be applied to the court for retrial, which includes the situation of refusing to accept the divorce judgment
    1. In divorce proceedings, the property mentioned by both parties but not dealt with in the divorce judgment and mediation statement. In divorce proceedings, both parties mentioned some common property of husband and wife, which may be because the court believes that there is no evidence or other reasons that these properties were not involved in the judgment, or the court did not mediate this part of property during mediation, After divorce, the two parties could not reach an agreement on these properties if the mediation statement did not deal with them. In case of disputes, they could only apply to the court for retrial of the part of the shared property of the husband and wife to correct the errors in the effective judgment and mediation statement. This is because according to the principle of "no matter what happens", these properties have been mentioned in the divorce proceedings, The court of first instance should deal with these properties. If they are not dealt with or improperly dealt with, they belong to the problem of court judgment or mediation, which can only be solved through the procedure of trial supervision, instead of directly bringing a lawsuit to the court
    2. After divorce, if one party disagrees with the joint property of the husband and wife divided by the divorce judgment and mediation statement, it can only apply to the court for retrial and correct it through the trial supervision procedure, Instead of directly bringing a divorce property dispute lawsuit to the court, the parties have lost the right to sue for the marital common property involved in the legal documents that have become effective in the court. The legal documents that have become effective are binding on the parties, and the parties can only exercise the right of appeal and apply for retrial for the legal documents that have become effective
    2、 How long can I sue for division of property after divorce
    1. If one party fails to perform the divorce agreement, the limitation of action is two years, starting from the day after the agreed expiration of performance
    2. The limitation of action for property not involved at the time of divorce is two years, starting from the day after the discovery
    3. After divorce, if one party discovers that the other party has hidden, transferred, sold, destroyed the couple's common property or created debts to misappropriate the couple's common property, the limitation of action is two years, counting from the day after the discovery
    4. When a divorce agreement is signed, if one party commits acts of coercion or fraud, the limitation of action is one year, starting from the day after the divorce
    5. If a party refuses to accept the effective judgment or mediation statement and applies for retrial, the time limit is two years. The first instance judgment made by the court shall be calculated from the day after the judgment or mediation statement comes into effect. If one party refuses to accept the divorce judgment, then it can appeal within the specified time. However, if it is a divorce judgment made by the court of second instance, At this time, the parties will take effect when they receive the judgment. Therefore, if they cannot appeal but are not satisfied with the property, children and debts, they can apply for retrial

    s***

    2024-06-25 21:00:56

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