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Hello, there are many factors to consider for divorce lawyer fees.
Charges are more expensive in first-tier cities than in second-tier cities.
The following main factors shall be considered when a law firm negotiates a lawyer's service fee with a client:
1. Working hours consumed;
2. The degree of difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;
4. The client's affordability and local social and economic development;
5. Risks and liabilities that lawyers may bear;
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Legal analysis: The fee standard for lawyer fees in divorce cases, generally speaking, the lawyer's fee for the first instance of divorce cases that do not involve property is 3,000-10,000 yuan. If there is a property dispute, a certain percentage of the lawyer's fee shall be paid according to the number of property, and the final lawyer's fee may be determined with the lawyer.
The standard for the court to charge divorce cases: if there is no property dispute, the court will charge about 50-300 legal fees. If there is property, the part of the property exceeding 200,000 yuan will be collected in stages according to the prescribed proportion. Litigation costs may be paid by the losing party or ultimately agreed upon by the parties.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
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Legal analysis: The cost of finding a lawyer to sue for divorce generally starts from a few hundred yuan to several thousand yuan, and in economically developed areas, the lawyer's fee will be higher. The methods of charging fees for lawyers include piecework fees, fees in proportion to the subject amount and hourly fees, and the specific fees charged should be communicated with the lawyer to determine the specific amount of fees charged according to different circumstances.
Legal basis: "Measures for the Administration of Lawyers' Fees" Article 10: Lawyers' service fees may be based on the content of different services, employing methods such as piecework fees, proportional fees according to the subject amount, and hourly fees. Piecework fees are generally applicable to legal matters that do not involve the property relationship of land and land; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters.
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Generally, the lawyer's fee for divorce needs to be determined according to whether the case involves property, and if it does not involve property, it can be charged on a piece-rate basis, and according to the ** guide price provisions, the fee standard for ordinary civil cases without property disputes is negotiated between 6,000 yuan and 100,000 yuan. Where property is involved, fees may be charged in proportion to the amount of the subject matter. The general lawyer's fee is determined according to the negotiation between the parties and the lawyer, but it needs to be based on the ** guide price standard.
Cases without property disputes: Ordinary civil, economic, and administrative cases that do not involve property shall be charged through negotiation between 6,000 and 100,000 yuan according to factors such as the nature of the case, the degree of complexity, and the time required for the work; If the civil, economic and administrative cases in other places do not involve property, the ** fee shall not be less than 20,000 yuan.
Legal basis: Article 3 of the "Measures for the Administration of Lawyers' Service Fees" follows the principles of openness and fairness, voluntary compensation, and good faith.
Law firms shall facilitate and benefit the people, strengthen internal management, reduce service costs, and provide clients with convenient and high-quality legal services.
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5,000 to 10,000 yuan.
Divorce lawyer fees, at present, the lawyer's fees for divorce lawsuits generally range from 5,000 to 10,000 yuan (not involving property).
If property is involved, the attorney's fee can be divided into two situations, starting with one amount and then adding a certain amount of attorney's fee according to the disputed property exceeding a certain amount.
The process of divorce by mutual agreement is as follows:
Prepare relevant documents, household registration booklet, ID card (original and copy), marriage certificate (original and copy).
Foreigners, Hong Kong, Macao and Taiwan compatriots who apply for a divorce by agreement in China need to provide the following documents: their valid passports or valid identity documents from Hong Kong, Macao and Taiwan, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits.
Prepare relevant materials, two two-inch single recent half-length bareheaded ** per person, divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that the two parties are voluntarily divorced, and both parties have reached an agreement on child support, property division and other issues, otherwise the divorce agreement is invalid.
The husband and wife shall jointly apply for divorce in person at the Civil Affairs Bureau where one of the parties has permanent residence. The Civil Affairs Bureau fills in the "Application for Divorce Registration" on the spot, and the staff conducts a preliminary review.
If a marriage certificate is lost, the party who lost the marriage certificate should make a written statement of the loss. Go to the archives to obtain a copy of the marriage registration file, affix the special seal of the file, and then handle it.
After the preliminary examination, the staff will issue the "Receipt of Acceptance of Divorce Registration Application" to both parties. Both sides went home and waited.
After the husband and wife get the receipt, they need to go home and wait for the 30-day cooling-off period, and after the 30-day cooling-off period, both parties will go to the Civil Affairs Bureau again to handle the divorce. After verifying the facts, the staff of the Civil Affairs Bureau withdrew the marriage certificate and issued a divorce certificate. <>
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At present, lawyers in different regions charge different fees for taking on divorce cases. Lawyers in economically underdeveloped areas generally start at 500 yuan to 1,000 yuan; In economically developed areas, such as Beijing, Shanghai, Guangzhou and other large cities, lawyers' fees are relatively high. For example, in Shanghai, some lawyers can take over a divorce case for 3,000 yuan; Some lawyers can start as much as 10,000 yuan.
Depending on the amount of the subject matter in dispute, the lawyer's fees also vary.
At present, there are generally two types of lawyer fees:
First, at the time of **, a number will be used as the starting point, and if the property involved exceeds a certain share, a certain fee will be charged. For example, a lawyer's fee starts at $5,000. In other words, no matter how small the amount in dispute is, or even if there is no disputed common property, the starting fee is 5,000.
If the disputed property exceeds 500,000 yuan, a certain percentage will be charged for the excess. This percentage is 1% for some lawyers and 2% for others. There are also lawyers who are based on the unequal amount of the dispute and then exceed the progression, which will not be detailed here.
In short, the more assets in the family, the higher the lawyer's fee may be.
Second, risk: pay the appropriate basic amount, and then clarify the amount of property to be won. Paying a certain basic fee and then determining the amount of the amount of the property to be recovered is generally applicable to cases where the focus of the dispute is the division of property, and the difficulty of such cases generally lies in the collection or enforcement of evidence of common property.
The fees charged by a law firm should take into account the following factors: the length of time, the difficulty of the matter, the number and capacity of the lawyers required for the case, the local economic level and the client's ability to bear it, the risks and responsibilities of the lawyer, the credibility and work capacity of the lawyer, and other expenses required for the case.
As for which lawyer to hire and which lawyer to find, it depends on the background of the law firm, the lawyer's work experience, and the level of business, which needs to be determined by the parties themselves after contacting the lawyer, and then by other information.
The procedure for suing for divorce is as follows:
1. File a lawsuit and submit a complaint;
2. The court examines and accepts the case;
3. The defendant's defense;
4. ** trial;
5. Mediation; 6. Pronouncement of judgment.
The conditions for suing for divorce are as follows:
Article 32 of the Marriage Law stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning a family member;
3) Those who have gambling, drug abuse, or other vices that have been repeatedly taught and not changed;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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You can talk to the law firm in detail.
The headquarters of Beijing Guanling Law Firm is located near Tiananmen Square, the core area of Beijing, adjacent to the Supreme People's Court and the Supreme People's Procuratorate.
It is the gold partner of the "Lawyer is Coming" column of **TV station, and has participated in **TV station's "Law Lecture", "Today's Statement", "The Truth of Law", Beijing Satellite TV's "Rule of Law in Progress", "Third Mediation Room" and other columns.
Beijing Guanling Law Firm is well aware of the profound truth that "law is a combination of knowledge and experience", and its members include scholars from top universities such as Peking University, Tsinghua University, Chinese People's University, China University of Political Science and Law, as well as "veterans of the legal field" who have been fighting on the front line of legal practice for a long time.
In terms of team management, Beijing Guanling Law Firm adheres to the principle of "always maintaining a strong enterprising spirit and sense of distress", faces the future, listens to different opinions, and constantly improves itself.
Guanling strengthens the training of political character and the cultivation of moral character, is honest and self-disciplined, continues to learn, and maintains "enterprising, new, and exceptional".
Beijing Guanling Law Firm adheres to the case handling concept of "winning the case by winning the lawsuit and seeking a win-win situation in the court", and provides high-quality and efficient legal services for the parties with the advantages of scale, specialization, branding and internationalization. It has successfully handled a large number of administrative disputes, corporate legal disputes, real estate disputes, contract disputes, tort disputes, criminal disputes and other cases, and has won wide acclaim and lasting trust from enterprises, institutions, social organizations and ordinary people.
Crown Leader Environment. <>
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The cost of attorney's fees in divorce cases may be negotiated between the parties. The charging methods are piecework, proportional charging according to the subject amount, and hourly charging. The specific fee charged will be determined according to different circumstances after communicating with the lawyer.
The standard of litigation fees for divorce cases is 50 yuan to 300 yuan per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the beam orthodoxy. Legal basis:
Article 10 of the Measures for the Administration of Lawyers' Fees: Lawyers' service fees may be based on different service contents, and may employ methods such as piecework fees, proportional fees according to the subject amount, and hourly fees. Piecework charges are generally applicable to legal matters that do not involve property relations; The pro-rata fee is applicable to legal matters involving property relations; Hourly charges can be applied to all legal matters. The "Measures for Payment of Litigation Fees" The 13th Naijo case acceptance fee shall be paid according to the following standards:
2) Non-property cases shall be paid according to the following standards: 1Divorce cases are subject to a fee of $50 to $300 per case.
If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.
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This should not be in accordance with the law, because everything in the marriage belongs to the joint property of the husband and wife, and the husband and wife have the right to control it, and besides, the household given during the marriage is a daily expense, how can he ask for it again, didn't he use it before? A scumbag like this, you can find a better lawyer to sue him, get and protect your legitimate rights and interests.
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I won't wait for you in the old place.