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What should the parties do in divorce proceedings

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What should the parties do in divorce proceedings


        

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  • 2024-06-26 00:00:56

    There are many people who have doubts and have sued in the court. It must be that their feelings have broken down, otherwise they will not bother to go to the court. They even complain about the court and the judge. They feel that the court does not protect the interests of the parties, and it is unfair for the court not to divorce. In fact, this kind of understanding is biased. Every divorce case has its own characteristics. For cases that do not have several legal circumstances that should be allowed to divorce, whether the relationship between the two parties has really broken is often a matter of public justice, and it is difficult to judge with objective standards. Therefore, for the plaintiff in the divorce proceedings, it is better to provide evidence to prove that the relationship between husband and wife has broken, such as gambling, domestic violence, extramarital affairs, separation due to emotional discord for two years and other evidence to prove that the relationship has broken. Of course, in practice, many parties in China could not provide similar evidence, so it is also crucial to strive for mediation in litigation. Most of the divorce cases represented by my lawyer were settled by mediation, which not only achieved the litigants' litigation goals, but also saved both parties' time.
    3、 How to determine the effective time of divorce judgment
    1. In case of first instance, 15 days from the second day of signing the divorce judgment, if neither party appeals, the judgment will come into force after the expiration of the appeal period (15 days);
    2. In the case of second instance, the judgment shall come into force from the date of signing.
    3. If the verdict of first instance is obtained, it is recommended to ask the presiding judge to issue an effective certificate to avoid bigamy. How to judge the effective judgment or ruling? Our country adopts the system of the second instance as the final instance. Generally, the divorce legal documents issued by the court of second instance are basically effective. For the judgment documents or rulings of the court of first instance, if the parties do not appeal and result in the effectiveness of the judgment or rulings of first instance, the parties may request the court to issue a certificate of the effectiveness of the judgment. According to Article 24 of the Marriage Law of China, "If both men and women divorce voluntarily, divorce is allowed. Both parties must apply for divorce at the marriage registration authority. When the marriage registration authority finds out that both parties are indeed voluntary and have properly handled the problems of children and property, it shall issue a divorce certificate." This is a registered divorce. The judgment of divorce means that if the people's court mediation is invalid, and the relationship between the husband and wife is really broken and difficult to recover, and the divorce agreement cannot be reached, both parties can be judged to divorce. This kind of divorce is granted by judgment. To register for divorce, both men and women must apply for divorce at the marriage registration authority. The divorce will take effect only when the registration authority issues a divorce certificate. The divorce judgment has legal effect after the judgment takes effect, so it is unnecessary to register again. Since the divorce has occurred, the court will naturally issue a divorce judgment. The validity of the judgment is the same as that of the divorce certificate. No matter whether the marriage is registered locally or in other places, you only need to show the judgment to the marriage registration authority.

    Lie***

    2024-06-26 00:00:56

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