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If the judgment of the first instance is issued, the period of appeal has expired or the woman has not appealed during the appeal period, the judgment shall enter into force.
If it is a second-instance judgment, it will take effect at the time of admission.
As long as it is an effective judgment, you can get married immediately.
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The court's judgment does not need to be signed by two people at the same time. However, the effective date of the judgment begins to run from the date of service. If the woman does not take the judgment or does not sign it, then the judgment cannot be valid.
The court should be allowed to serve the woman in various ways, and if the woman's appeal period has expired and the divorce judgment is effective.
The court's claim of two and a half months has no basis. But if you register your marriage now, it would be bigamy.
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There is still an appeal period of about 20 days, but even if the appeal is made, as long as the reasons for such a case are sufficient and the evidence is clear, the original verdict will still be upheld.
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It's already in effect.
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It's true that the judgment will take effect, but the court judgment usually has an appeal period, so you better wait for it to be more appropriate, hehe.
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After the judgment is issued, there should be the right to appeal to the higher court, so it is not necessary that the judgment will take effect after it is issued.
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That's not necessarily, the judgment has taken effect, and it has to be executed, otherwise the Civil Affairs Bureau will still have the filing of the two of you.
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Legal analysis: After divorce, you can get married with a judgment. The court decides that the divorce will only give a judgment and not a divorce certificate, and the parties to the divorce may register their marriage again with the divorce judgment.
There are two ways to divorce, one is divorce by mutual agreement and the other is divorce by litigation. 1. The Civil Affairs Bureau will issue a "Divorce Certificate" for divorce by mutual agreement. 2. If the divorce or mediation divorce is made by the court, the divorce judgment or mediation letter will be served by the court, and the "Divorce Certificate" will not be issued.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted. Where, after a people's court has ruled that a divorce is not permitted, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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Legal analysis: You can get a marriage certificate with a divorce judgment, and the divorce judgment and divorce certificate are both certificates for the parties to dissolve the marriage relationship, and have the same legal effect, that is, after the divorce judgment takes effect, both men and women who are willing to marry can bring the divorce judgment that takes effect to the marriage registration authority where one party's permanent residence is located to register their marriage and obtain a marriage certificate.
Legal basis: Civil Code of the People's Republic of China
Article 1049:A man and a woman who wish to marry shall apply in person to the marriage registration office for marriage registration. If the provisions of this Law are met, it shall be registered, and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.
Where marriage registration has not been completed, the registration shall be re-registered.
Article 1080:Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.
1. The first stage: the prosecution stage.
This phase consists of the following three procedures: >>>More
Then go to court and sue for divorce.
Don't forget it, find another one.
Summary. Hello dear, the man's family does not have a real estate certificate, and the woman can move into the man's household registration. There are certain differences in whether the house property registration certificate needs to be submitted for marriage and relocation, and the specific situation should be subject to the local area >>>More
Declare that my level is limited! As far as I know, if you divorce a soldier, you need the consent of the soldier before you can divorce. All marital property is the joint property of the husband and wife, unless the two parties have written evidence to prove that the other party acknowledges that the things recorded in the materials belong to the other party, then it can not belong to the joint property of the husband and wife. >>>More