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How much is the divorce prosecution fee

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Source: Legal Chart Compilation · 2024.03.03 · 3164 people have seen it
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 How much is the divorce prosecution fee

I Divorce litigation fee How much does it usually cost

1. Court Legal costs According to the Supreme People's Court Measures for charging legal fees divorce If the amount of the subject matter in dispute in the case is less than 10000 yuan, the court will charge 50 yuan (but generally 300 to 500 yuan) Litigation costs If the amount involved is more than 10000 yuan, the court will charge 1% more legal fees.

2. Prosecution Divorce attorney fees Some lawyer Fees are relatively high, but the difference between lawyers is not small. Some lawyers have a divorce case first instance The charge is 2000 yuan or 3000 yuan, but some can reach 10000 yuan or 20000 yuan or more. If the amount of property dispute in the case is not large, the current median price of marriage litigation fees is generally around 5000 or 6000 yuan. As for hiring well-known lawyers or lawyers with high professional level agent May be charged more than 20000 yuan.

Measures for Payment of Litigation Costs 》Article 13 (1) (2)

The case acceptance fee shall be paid according to the following standards:

(2) Non property cases shall be paid according to the following standards:

1. Pay 50 to 300 yuan for each divorce case. involve Division of property If the total amount of property does not exceed 200000 yuan, no additional payment will be made; The part exceeding 200000 yuan shall be paid at 0.5%.

2. In case of infringement of the right of name, the right of name, the right of portrait, the right of reputation, the right of honor and other rights of personality, RMB 100 to 500 will be paid for each case. Involving damages, damages If the amount does not exceed 50000 yuan, no additional payment will be made; 1% for the part exceeding 50000 yuan to 100000 yuan; The part exceeding 100000 yuan shall be paid at 0.5%.

3. For other non property cases, RMB 50 to 100 shall be paid for each case.

2、 General Sue for divorce How long will it be judged

1. The fastest time to sue for divorce is about 3 months, and the normal time is about 6 months.

2. Received from the court Indictment , if it is deemed to meet the conditions for prosecution after examination, within seven days Filing a case For cases where the facts are clear and the circumstances are simple, the summary procedure is generally applied within three months, and the general procedure is six months. According to the plaintiff's litigation Requests and submissions from both parties evidence The situation determines whether to grant divorce and how to divide the property, Child support How to solve the problem, etc. According to the court trial, mediation will be carried out again. If mediation fails, the judgment will be pronounced. If a person pronounced a judgment in court, it shall be served within ten days judgment If the judgment is pronounced regularly, a written judgment will be issued immediately after the judgment is pronounced. The first instance procedure of divorce case is over. If the parties are not satisfied with the judgment, they can appeal to the higher court second instance Proceedings. Through mediation divorce by agreement : If the people at that time are unwilling to make peace after mediation but all agree to divorce, the people's court shall prepare a mediation statement, which shall be signed by the judges and the clerk, and affixed with the seal of the people's court. Court trial if mediation fails: if mediation fails, the people's court shall immediately proceed Hearing Arranging the hearing time: the court arranges the hearing time and sends summonses to both parties.

Civil Code 》Article 1079

divorce by lawsuit 】If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a lawsuit with the people's court Divorce proceedings

When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Divorce shall be granted if mediation fails in any of the following circumstances:

(1) Bigamy or other people cohabitation ;

(2) Implementation Family Violence Or maltreat or abandon family members;

(3) Gambling, drug abuse and other bad habits persist in teaching;

(4) Because of emotional discord separation Two years;

(5) Other causes Couple's feelings are broken The situation of.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

3、 How much to file a divorce lawsuit

1. Court costs. According to the charging method of the Supreme People's Court for litigation fees, if the amount of the subject matter of a divorce dispute is less than 10000 yuan, the court will charge 50 yuan (but generally 300 to 500 yuan) for litigation fees. If the amount involved is more than 10000 yuan, the court will charge 1% more legal fees. In order to save costs when filing a case, some parties control the amount of disputed property within a certain range, so as to pay less litigation costs. However, if the court decides to deal with the actual property, it will usually ask the parties to pay legal fees. Of course, once the notice is given, it generally means that the court is more likely to leave. Finally, the court will consider the amount of property shared by both parties, and the litigation costs will be shared by both parties.

2. Lawyer fees for suing for divorce. Some lawyers charge relatively high fees, but the difference in fees between lawyers is not small. Some lawyers charge 2000 or 3000 yuan for a divorce case in the first instance, while others can charge 10000 or 20000 yuan or more. If the amount of property dispute in the case is not large, the current median price of marriage litigation fees is generally around 5000 or 6000 yuan. As for hiring well-known lawyers or lawyers with high professional level to act as agents, the fees may be more than 20000 yuan.

Item 2, Paragraph 1, Article 13 of the Measures for Payment of Litigation Costs

The case acceptance fee shall be paid according to the following standards:

(2) Non property cases shall be paid according to the following standards:

1. Pay 50 to 300 yuan for each divorce case. If the total amount of property does not exceed 200000 yuan in case of property division, no additional payment will be made; The part exceeding 200000 yuan shall be paid at 0.5%.

2. In case of infringement of the right of name, the right of name, the right of portrait, the right of reputation, the right of honor and other rights of personality, RMB 100 to 500 will be paid for each case. If the amount of compensation does not exceed 50000 yuan, no additional payment will be made; 1% for the part exceeding 50000 yuan to 100000 yuan; The part exceeding 100000 yuan shall be paid at 0.5%.

3. For other non property cases, RMB 50 to 100 shall be paid for each case.

We will face many legal problems in our daily life, so we should know some legal knowledge to avoid being unable to safeguard our legitimate rights and interests when encountering legal problems. I believe that the above article has answered the question of how much the divorce litigation fees generally cost. If you need to ask other questions, you can click the "Ask Now" button below, and we will match professional lawyers to answer your questions.

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