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How to carry out divorce proceedings

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How to conduct divorce proceedings


        

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  • 2024-06-25 21:00:56

    The first stage: the materials required for prosecution in the prosecution stage include: the indictment and its copy, ID card, household registration book, marriage certificate, residence certificate, evidence of the main reasons for the emotional breakdown, and proof of the basic information and upbringing of children. The second stage: the defense stage
    1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of the decision to file the case, and inform the defendant to make a written defense;
    2. The defendant shall make a written defense within 15 days from the date of receiving the copy of the indictment served by the people's court. If the defendant does not submit a defense within 15 days, the people's court will try the case and make a judgment as usual. The third stage: the hearing stage enters the substantive stage of divorce proceedings, which is mainly to review the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following procedures: court investigation; Court debate; The judge presided over mediation; The mediation is invalid and the judgment is invalid. After the divorce proceedings have ended, if you do not accept the court judgment (mediation), you can appeal to the Intermediate People's Court within 15 (10) days from the date of receiving the judgment (mediation). If you do not appeal within the time limit, the judgment (mediation) will become effective. If the party refuses to accept the effective divorce judgment (mediation), according to the provisions of the Civil Procedure Law, the party cannot apply for a retrial, but can only apply for a retrial on the relevant issues of property division and child rearing. How long does it take for a divorce lawsuit to be filed by one of the spouses? Even if the court accepts the divorce lawsuit, the hearing of the divorce case should also meet the time limit specified by the law. Generally, the time limit for the first instance is three months according to the summary procedure, and the time limit for the second instance is six months according to the ordinary procedure. In total, a divorce case can be as short as four months from the beginning to the end, or as long as nine months. If a divorce judgment is not allowed for divorce for the first time, the civil procedure law of our country stipulates that the second lawsuit can be filed six months later. According to this time limit, if the final divorce goal is achieved only after two prosecutions, it will take about one and a half years to two years. This does not include foreign-related marriage and the intentional delay of the other party.

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