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What is the legal cost of divorce cases

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Source: Legal Chart Compilation · 2024.02.20 · 19453 people have seen it
Guide: The divorce litigation fee is the fee paid to the court. According to relevant regulations, the litigation fee is generally paid by the plaintiff in advance, and finally borne by the losing party. According to the regulations, the legal fee for each divorce case is 10 to 50 yuan. If it involves the division of property, and the total amount of property does not exceed 10000 yuan, no additional fees will be charged; If the amount exceeds 10000 yuan, 1% more will be charged as legal fees. The people's court shall determine who shall bear the litigation costs at the end of the case.
 What is the legal cost of divorce cases

I divorce Case Legal costs How much is it

According to the regulations, each divorce case is 10-50 yuan; If it involves the division of property, the total amount of the property does not exceed 10000 yuan, and no additional fees will be charged. If it exceeds 10000 yuan, an additional 1% will be charged for the excess part as legal fees; The people's court shall determine who shall bear the litigation costs at the end of the case.

The fees collected for family property cases shall be calculated as legal fees based on the value of the property in dispute between the two parties. The value is less than 1000 yuan, 50 yuan for each piece, 1000 yuan to 50000 yuan, which shall be collected at 4%, namely, the subject matter × 4%; From 50000 yuan to 100000 yuan, it will be charged at 3%, that is, target × 3%; For the part from RMB 100000 to RMB 300000, 2% will be collected, namely, the target × 2%; RMB 200000 to RMB 500000 will be charged at 1.5%, i.e., 1.5% of the target; From RMB 500000 to RMB 1000000, it will be levied at 1%, that is, the target × 1%; If the price is more than 1 million yuan, it will be charged at 0.5%, namely, the target price × 0.5%.

II Divorce costs How much money will be borne

The divorce litigation fee is the fee paid to the court. According to relevant regulations, the litigation fee is generally paid in advance by the plaintiff and borne by the losing party.

The plaintiff The court sued for divorce , the court made Filing a case At the time of acceptance decision, the plaintiff shall be notified to pay the litigation fees in advance. Finally, the court shall determine the proportion of the party bearing the litigation fees and the responsibilities of both parties in accordance with the principle of "the plaintiff shall pay the litigation fees in advance and the losing party shall bear them". If the plaintiff withdraws the lawsuit after paying the litigation fees, the people's court will only refund 50% of the litigation fees.

3、 Can the woman divorce during pregnancy

Civil Code 》(Implemented on January 1, 2021) Article 1082 stipulates: "The husband shall not apply for divorce during the pregnancy of the wife, within one year after childbirth, or within six months after the termination of pregnancy. 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.".

(1) This provision only deprives the man of the right to apply for divorce for a certain period of time, that is, only during the pregnancy of the woman, within one year after childbirth, or within six months after termination of pregnancy. After the above period expires, the husband can still exercise his right to divorce according to law;

(2) Only on Divorce proceedings The Chinese man plays a role in divorce, so both men and women Voluntary divorce The woman's request for divorce is not subject to this provision. Generally, the woman filed for divorce during this period for some particularly urgent reasons. If the court did not accept the woman's divorce request in time, it would be even worse for the physical and mental health of women, fetuses and infants;

(3) When it is "really necessary", the people's court has the right to decide to accept the divorce request of the husband. In judicial practice, the so-called "really necessary" is generally understood as: the man has a legitimate reason, the woman has a major fault, or there are major urgent reasons. If the woman is adulterous and pregnant with others, the man insists on divorce. Even so, the court should also pay attention to protecting the physical and mental health of women, fetuses and infants when handling cases.

Generally speaking, the legal costs of divorce cases depend on the specific circumstances of the divorce cases. As for who will bear the legal costs of divorce, the plaintiff pays them at first, but the defendant actually bears the costs in the end, that is, the defendant usually loses the lawsuit. However, if the plaintiff withdraws the lawsuit, the fees will still be borne by the plaintiff, but can be charged in half. The specific legal costs still need to be judged by the court according to the specific case.




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