Enquiring knowledgeable people Inquisitive education Hospital Treasury

How long will it take for divorce to be decided

home page

How long will it take for divorce to be decided


        

Submit answer
Favorable reply
  • 2024-06-25 21:00:56

    According to the provisions of Article 149 of the Civil Procedure Law, Article 149 A people's court shall conclude a case in which ordinary procedures are applied 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. According to the provisions of Article 170 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, the time limit for trial of cases subject to summary procedure shall not be extended. In the process of trial, if it is found that the case is complicated and needs to be transferred to the ordinary procedure, it can be transferred to the ordinary procedure, and the collegial panel will conduct the trial and notify both parties in a timely manner. The time limit for trial shall be calculated from the day after the case is filed. Therefore, the trial time of divorce cases through litigation is as follows:
    (1) First instance: if summary procedure is applicable, the time limit is three months; The time limit for civil cases of first instance to be tried by ordinary procedures is six months; If it is necessary to extend it under special circumstances, it may be extended for six months with the approval of the president of the court; if it is necessary to extend it, it may be extended for another three months with the approval of the people's court at the next higher level.
    (2) Second instance: to hear appeals against civil judgments, the trial period is three months; If it is necessary to extend it under special circumstances, it may be extended for three months with the approval of the president of the court. Therefore, generally speaking, the court of first instance of divorce cases will conclude the trial within six months (15 months in special circumstances), and the time limit for summary procedure is three months. The appeal against the judgment of the court of first instance will generally be concluded within three months (six months in special circumstances). Divorce cases can have first instance, second instance, or remand for retrial, so the time limit for judgment is different at different stages.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):