How long does a litigated divorce take?

Updated on healthy 2024-03-18
5 answers
  1. Anonymous users2024-02-06

    1. How long does it take for divorce proceedings Generally speaking, the court will generally conclude the trial of divorce cases within six months (15 months in special circumstances), and if the summary procedure is applied, the time limit is three months. II. Procedures 1. Judicial Mediation The people's court hearing a divorce case shall conduct mediation, mediation shall be presided over by the court, mediation is based on the principle of the parties' voluntariness, and is a necessary procedure for adjudicating divorce, and the agreement reached through mediation shall have legal effect after it takes effect. 2. Time limit for trial (1) First instance:

    where the summary procedures are applied, the time limit is three months; 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. (2) Second instance: hearing an appeal case against a civil judgment with a trial 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.

    Therefore, generally speaking, 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).

  2. Anonymous users2024-02-05

    Divorce by litigation or divorce by agreement, if it is a divorce by agreement, it may be handled on the same day; In the case of a litigated divorce, it is generally 3-6 months, and in special cases, it is extended by 9 months. If you want to know more about legal knowledge, remember to comment or poke me in a private message.

  3. Anonymous users2024-02-04

    How long does divorce proceedings generally take?

  4. Anonymous users2024-02-03

    Legal Analysis: Litigation divorce generally takes three to six months, the trial time limit for applying the summary procedure is three months, and the trial time limit for applying the ordinary procedure is six months.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, the president of that court is to negotiate and approve the extension, and it may be extended for six months; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

    Article 161:People's courts applying the simplified procedures to hear cases shall complete trial within 3 months of filing the case.

    Article 176:People's courts hearing appeals against judgments shall complete trial within 3 months of filing the second-instance trial. 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.

  5. Anonymous users2024-02-02

    Divorce proceedings generally take about three or six months. The law stipulates that in civil proceedings, the summary procedure requires three months to hear the case, and the ordinary procedure requires six months to hear the case.

    [Legal basis].Article 149 of the Civil Procedure Law of the People's Republic of China.

    People's courts applying the ordinary procedures shall conclude trial within 6 months of 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 161.

    People's courts applying the summary procedures to hear cases shall complete trial within 3 months of the date on which the case is filed.

    The above is only the current information combined with my understanding of the law, please refer to it carefully!

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

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