What are the procedures for divorce by litigation? How long does it take?

Suing for divorce requires the following procedure:

First, the plaintiff filed a civil lawsuit and applied to the court of competent jurisdiction to file the case.

Second, when applying for a case, you need to submit your ID card, marriage certificate, complaint, and legal fees.

Third, the court will conduct mediation after the case is filed, and if the mediation fails, it will be tried and a judgment will be made.

Duration of court hearings:

In first-instance civil cases tried using the ordinary procedures, the time limit is six months; Where there are special circumstances that require an extension, an extension of six months may be granted with the approval of the president of that court, and where an extension is still necessary, it may be extended for another three months upon approval by the people's court at the level above. Hearing appeals against civil judgments for a period of three months; Where there are special circumstances that require an extension, it may be extended for three months with the approval of the president of that court. In other words, the court will generally conclude the divorce case within six months (15 months in special circumstances), and if the summary procedure is applied, the time limit is three months.

If the appeal is not satisfied with the judgment of the court of first instance, the trial will generally be completed within three months (or six months in special circumstances).

How long does divorce proceedings generally take?

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.

Marriage is a major event, and you need to be cautious about divorce!!

Legal analysis: For general divorce cases, it takes 3 months according to the summary procedure, 6 months according to the ordinary procedure, and 3 months for the second instance. As a result, divorce disputes generally take as little as three months and as long as six months.

Legal basis: Article 124 of the Civil Procedure Law of the People's Republic of China: The people's courts are to handle the following lawsuits in separate circumstances:

1) Where it is within the scope of administrative litigation in accordance with the provisions of the Administrative Litigation Law, inform the plaintiff to initiate an administrative lawsuit;

2) Where in accordance with the provisions of law, the parties have reached a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution;

3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution;

4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction;

5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit;

6) In cases where a certain period of time must not be prosecuted in accordance with the provisions of law, and where a lawsuit is initiated within the period of time for which no prosecution is permitted, it is not to be accepted;

7) In cases where a judgment does not allow a divorce or a divorce that is reconciled through mediation, or a judgment or mediation to maintain an adoption relationship, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it is not to be accepted.

For the trial of divorce cases, the time limit for the first instance is usually three months according to the summary procedure, six months according to the ordinary procedure, and three months for the second instance, with a total of at least 3 months and a maximum of 9 months. If the divorce is not granted for the first time, the second lawsuit will be filed after six months. It takes about one and a half to two years for two divorce proceedings to be pronounced.

Article 124 of the Civil Procedure Law stipulates that if a divorce is not allowed and a divorce is reconciled through mediation, or a case in which the adoption relationship is maintained through judgment or mediation, the plaintiff sues again within six months without new circumstances or new reasons, it shall not be accepted. Article 149 stipulates that a case tried by a people's court applying the ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 176 stipulates that when a people's court hears an appeal against a judgment, it shall complete the trial within three months from the date on which the second-instance trial is filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court. People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

If the parties to the divorce proceedings reach an agreement, the divorce can be obtained in three months at the earliest, and not more than six months at the latest.

Generally speaking, if the other party does not agree to divorce for the first time, the judge will not grant a divorce, and after 6 months, you can sue for the second time, the second lawsuit, there are no special circumstances, more than 90% of them will judge the divorce, the first lawsuit plus the second lawsuit is counted together, 3 months if it is fast, and about 1 year if it is slow.

1. If it is a de facto marriage after February 1, 1994, then China's law does not recognize it, and it is a cohabitation relationship. Therefore, there is no need for divorce, as long as an agreement is reached on child support and property division, if it cannot be reached, the court can sue for a judgment.

2. If they were together before February 1, 94, then they should sue for divorce according to the de facto marriage, divide the joint property of the husband and wife and the issue of child support.

3. It is best if the two parties can reach an agreement, otherwise they can only sue. Filing for divorce is generally subject to summary procedures and is concluded within three months. If the ordinary procedure applies, the trial shall be completed within six months.

4. If there is no property division, or if the property is less than 200,000 yuan, it is within 300 yuan, and the excess part will be charged.

5. If the issue of property division and child support is more complicated, it is much more convenient to hire a lawyer, otherwise you can not ask for it, which also has to be decided according to your own situation.

Beijing Marriage and Family Lawyer.

How long does divorce proceedings generally take?

The act of not obtaining marriage registration formalities is cohabitation, which is illegal and not protected by law. If you file for divorce with the court, the court will not accept it. It's okay for both parties to separate.

It is better to divorce through litigation, and the trial period for the ordinary procedure of the first instance is half a year.

Divorce by mutual agreement is best. Divorce proceedings must first be filed with a complaint, a notice from the court, and a judgment. There are two parts of the fee, one is charged by the court, and the other is the lawyer's fee if you hire a lawyer yourself. It can usually be processed within three months. It is best to consider whether the lawyer should decide on his own.

There is no divorce agreement in the law of the de facto marriage country, as long as the child custody issue is clearly divided and separated. The child is protected by law, and the parent who does not support the child must pay child support.

If both parties agree to divorce and there is no disagreement on property and child support, then it is OK to divorce directly by agreement at the original marriage registration authority, if you want to file a divorce, you must first file a case with the case filing division of the local court with jurisdiction, and transfer it to the civil trial court within 3 days, and the divorce case is generally tried with simple procedures, and the latest is 3 months.

Go to the basic court where the defendant is now domiciled to file for divorce and write a complaint. The complaint clearly states the date of marriage, as well as property, children, etc. The cost of suing for divorce is also divided into regions, with some less developed counties being 100 yuan, and some developed places being more expensive.

And I recommend that you do not write about the division of property when writing a claim, because the cost of litigation will increase by a certain percentage according to the cost of the division of property you request.

Tianjin Lawyer Li (Professional Divorce Lawyer):

Divorce by mutual agreement is the best way to get a divorce. There are summary procedures and general procedures, and the trial time limit is generally 3 months and 6 months. It is up to the parties themselves to decide whether or not to hire a lawyer. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Generally speaking, the court hearing a case should strictly follow the requirements of the Civil Procedure Law: send a copy of the complaint to the defendant within 5 days from the date of filing the case, and submit a reply within 15 days from the date of receipt by the defendant; Where the defendant submits a reply, the people's court shall send a copy of the reply to the plaintiff within 5 days of receiving it. When applying the ordinary procedures at trial, the trial shall be completed within 6 months of the date on which the case is filed.

In special circumstances, it can be extended for 6 months with the approval of the president; Where an extension is still necessary, it shall be reported to the people's court at a higher level for approval. Where the summary procedures are applied, trial shall be completed within 3 months of the date on which the case is filed. The law does not specify how long it must be tried after the case is filed, but only requires that the trial be completed within 3 months or 6 months.

Judging from the actual situation of the court hearing the case, the probability of ** is generally higher within 20 to 30 days after the case is filed, and in rare cases, it may take several months before the organization **. Most divorce cases are decided within 3 months, except for the parties applying to the court for investigation and evidence collection and foreign-related divorces. As mentioned earlier, it can take a lot of time for the court to hear a divorce case.

In many cases, the judge will first preside over the pre-litigation mediation, and if the parties can reach an agreement, then the time of the divorce proceedings will be greatly shortened, and it is very likely that the divorce dispute will be resolved in one month or even less.

How long does divorce proceedings generally take?

How long does divorce proceedings generally take?