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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 Beijing, some lawyers can take over a divorce case for two or three thousand yuan; Some lawyers can start up to 10,000 yuan; In addition, depending on the amount of the subject matter of the case, the lawyer's fee also varies.
At present, there are generally two types of lawyer fees:
First, the price starts with a certain amount, and then a certain fee is charged according to the disputed property that exceeds a certain amount. 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 a certain amount (generally 100,000 yuan), a certain percentage will be charged for the excess. In short, the more assets in the family, the higher the lawyer's fee may be.
Second, risk**: pay a certain basic fee, and then determine a fee amount for the amount of property returned. This kind of case 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 common property.
For example, one party does not know the other party's ** situation or bank deposits, or the company's equity holdings, or the other party's property is scattered, in various provinces, cities and even countries. It requires a lawyer to do a lot of investigation and evidence collection. In order to encourage the lawyer's enthusiasm for work, in the case of mutual agreement, the party first pays a certain amount of start-up capital (usually about 5,000 yuan), and then the lawyer collects relevant evidence, searches the other party's property, and does property preservation work, and is responsible for the enforcement of the case after the judgment.
In the property returned from execution, the lawyer extracts a certain percentage of the remuneration, which is generally around 10-20% at present.
If a lawyer needs to be hired in the lawsuit, then the attorney's fees are borne by the hiring party, and even if the lawsuit is won, the other party cannot be required to bear it.
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Hello, lawyers' fees are basically market-oriented now, so if you find different lawyers, the lawyer's fees are different, the key is to determine the space that you can accept the lawyer's fee according to the difficulty and complexity of your case, and then make an appointment with the lawyer for an interview. Some lawyers are very experienced and handle a large number of cases, which may be more expensive, and some lawyers have a relatively short practice period, but they are very serious and responsible, and the lawyer's fees are not particularly high, which is also a good choice. So, it's up to you to take the time to find it yourself.
Generally speaking, the level of the lawyer's fee is also related to the amount of the joint property you want to divide, 5% to 20% is a more reasonable fee standard, and some lawyers charge on a case-by-case basis.
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First of all, this question is more general, in my understanding, the lawyer's fees of divorce lawyers are divided into several types, one involves the joint property between your husband and wife, and this is the other. The other is that it does not involve property, which is also another type of litigation depending on the type of lawsuit. There will be different charges.
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The 2022 divorce lawyer fees are charged as follows:
1. Each divorce lawsuit needs to pay a fee of 50 yuan to 300 yuan to the court;
2. 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;
3. The part exceeding 200,000 yuan shall be paid according to the payment;
4. The divorce litigation fee shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the court shall determine the burden of the litigation fee in the judgment after the trial, which shall generally be borne by the losing party;
5. If both the original defendant and the defendant are responsible and shared by both parties, for divorce cases, due to their particularity, the burden of litigation expenses shall be determined by the people's court according to the actual situation.
Other fees for divorce cases are as follows:
1. If the court litigation acceptance fee does not involve property or the total amount of property is less than 200,000 yuan, the basic litigation fee of 50 to 200 yuan is generally charged;
2. Other lawyer investigations, mediation and other cases shall be charged through negotiation according to the actual situation.
Legal basisArticle 6 of the Measures for the Administration of Lawyers' Service Fees.
**The benchmark price and floating range of the guide price shall be determined by the competent departments of the provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Article 8. **The fees for lawyers' services formulated shall fully consider the level of local economic development, social affordability, and the long-term development of the lawyer's profession, and the fee standards shall be determined in accordance with the average cost of compensating lawyers for serving the society, plus reasonable profits and statutory taxes.
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How much it costs to file a divorce in 2022 depends on the type of case. Medium-sized keys for divorce disputes, property cases shall be paid cumulatively according to the following proportions according to the amount or value of the litigation claim:
1. Pay 50 yuan to 300 yuan for each divorce case;
2. If the property involved does not exceed 200,000 yuan, 75 yuan shall be paid for each piece.
When a divorce case is concluded, the burden of litigation costs shall be determined by the people's court according to the specific circumstances of the case. Because of the special nature of divorce cases, there is no so-called winning or losing the lawsuit, so the statement that whoever loses the case bears the litigation costs does not apply, and the litigation costs are borne by both parties. The parties shall bear the litigation costs in accordance with the judgment of the people's court.
Normally, the litigation costs of a divorce case are paid in advance by the plaintiff. Where there are genuine difficulties in making the prepayment, they may apply to the people's court for a delay, reduction, or waiver of the payment during the prepayment period.
Measures for the Payment of Litigation Costs".
Article 13: Case acceptance fees are to be paid in accordance with the following standards:
1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;
2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;
3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2%;
4. The part of the rental shirt exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;
5. The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1%;
6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;
7. The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;
8. The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;
9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;
10. The part exceeding 20 million yuan shall be paid according to the payment.
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1. 2022 divorce lawyer fee standard
1. In the 2022 divorce lawyer's fee standard, if it is only a divorce case that is simply involved, just to end the marital relationship, and does not need to be involved in civil or some administrative litigation and state compensation cases involving property issues, generally this relatively simple lawyer's fee is about 3000 12000 yuan per piece, ** It needs to be based on the consumption situation in different regions, and the fee standard of the lawyer's fee is also different.
2. In divorce cases that usually involve family property, the lawyer's fee is calculated according to the value of the property disputed by both parties, for example, in cases with a value of less than 1,000 yuan, each case needs 50 yuan, and if it is more than 1,000 yuan to less than 50,000 yuan, it will be levied according to 4 of the amount, between 50,000 yuan and 100,000 yuan, it will be levied according to 3 of the amount, between 100,000 yuan and 300,000 yuan, it will be levied according to 2 of the amount, and between 200,000 yuan and 500,000 yuan, it will be levied according to 1 5 of the amount. Between 500,000 yuan and 1 million yuan, it needs to be levied according to 1 of the amount, and more than 1 million yuan, it needs to be levied according to 0 5 of the amount, and the fee standard of divorce lawyers in different regions is also different.
2. What are the standards for fees for divorce cases?
1. If a divorce case involves both property and non-property relations, it can be calculated according to the higher one, and the counterclaim case can also be negotiated with the client on the basis of the fees charged in the case.
2. For some more significant, difficult and complex divorce cases, the lawyer's fee can be negotiated between the law firm and the client, and the amount of fees can be negotiated and determined within the standard of not more than 5 times the prescribed amount, and the identification standards and related measures for major, difficult and complex divorce cases shall be formulated separately by the Municipal Lawyers Association, and shall be reported to the competent department of the city and the municipal judicial administrative department for the record.
3. The above is the standard of fees, which refers to the standard of fees in the first instance stage of divorce litigation cases, which are usually implemented in accordance with the fees in the first instance stage, and can be reduced by half in the latter stage.
The above is the relevant content about "Divorce Lawyer Fee Standard 2022" compiled for you by Findlaw.com. The lawyer's fees for suing for divorce are settled by the parties and the lawyer through negotiation, and there is generally no unified standard for Jinhuishan, because the lawyer's fees in various regions are different, so the above ** is for your reference only.
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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: In ordinary civil, economic, and administrative cases, if the pure number does not involve property, it will be charged between 6,000 and 100,000 yuan through negotiation 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: According to the "Measures for the Management of Lawyers' Service Fees": Article 10: Lawyers' service fees may be based on different service contents, such as piecework fees, proportional fees according to the subject amount, and hourly fees.
The fee is 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.
Article 11: When handling civil cases involving property relations, where the entrusting person still requests the implementation of risk after being informed of the **guide price, the law firm may implement the risk ** fee, except in the following circumstances::
1) Marriage and inheritance cases;
2) Requests for social insurance benefits or minimum livelihood security benefits;
3) Requests for alimony, initial maintenance, alimony, pensions, relief funds, or compensation for work-related injuries;
4) Requests for payment of labor remuneration, etc.
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1. If it is only a divorce case that simply involves answering, just to end the marriage relationship, and does not need to involve civil or some administrative litigation and state compensation cases involving property issues, generally this relatively simple lawyer's fee is about 3000-12000 yuan a piece of clear rolling, ** needs to be based on the consumption situation in different regions, and the cost standard of the lawyer's fee is also different.
2. In divorce cases that usually involve family property, the lawyer's fee is calculated according to the value of the property disputed by both parties, for example, for cases with a value of less than 1,000 yuan, each case needs 50 yuan, and if it is more than 1,000 yuan to less than 50,000 yuan, it will be levied at 4% of the amount, between 50,000 yuan and 100,000 yuan, it will be levied at 3% of the amount, between 100,000 yuan and 300,000 yuan, it will be levied at 2% of the amount, and between 200,000 yuan and 500,000 yuan, it will be levied according to the amount. Between 500,000 yuan and 1 million yuan, it needs to be levied at 1% of the amount, and more than 1 million yuan, it needs to be levied according to the amount, and the fee standard of divorce lawyers in different regions is also different.
2. Legal Provisions
According to the Supreme People's Court's method of charging litigation fees, if the amount of the subject matter of the dispute in a divorce case is less than 10,000 yuan, the court will charge a litigation fee of 50 yuan. However, if the amount involved in the case is more than 10,000 yuan, the court will charge an additional 1% of the litigation fee.
Of course, when filing a case, many lawyers will control the amount of disputed property at about 10,000 yuan out of the consideration of not having a good grasp of the direction of the case and saving costs for the parties, so as to reduce the amount of litigation fees paid by the parties when filing the case. However, if the court decides to dispose of the property, it will usually tell the parties to pay back costs. Once the plaintiff is notified to pay the litigation fee, it generally means that the court is more likely to divorce, and the party is willing to pay the money.
Ultimately, the court will generally consider the amount of property to be shared by the parties, and the parties will share the costs of the litigation.
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