How to calculate the divorce court fees? How are divorce court fees calculated?

How much does it cost to sue for divorce?

The fees for divorce prosecution should be calculated as the case acceptance fee, the application fee for Zheng Zheng, and the cost of witnesses, evaluators, etc. appearing in court, and generally have to pay litigation fees ranging from 10 yuan to 50 yuan.

[Legal basis].Article 6 of the Measures for Payment of Litigation Costs.

The litigation fees that the parties shall pay to the people's court include:

1) Case acceptance fees;

b) Application fee;

3) Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, interpreters, and adjusters appearing in court on the date designated by the people's court.

Article 20. The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant. Where the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of the Suilu Law of this office, the defendant shall pay it in advance.

Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance. The application fee is to be paid in advance by the applicant. However, the application fee specified in Article 10 (1) and (6) of these Measures shall not be paid in advance by the applicant, but shall be paid after the execution of the application fee and the bankruptcy application fee shall be paid after liquidation.

The fees specified in Article 11 of these measures shall be paid after the actual occurrence.

Legal analysis: The litigation costs of divorce proceedings are generally calculated according to the cost of each piece of royal return of false photos, charging 50 to 300 yuan per piece, and if the division of property is involved, the calculation of the litigation costs also depends on the total amount of the divided property, specifically if the total amount of property does not exceed 200,000 yuan, no additional payment will be made; The part exceeding 200,000 yuan shall be paid according to the payment.

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 the mediation fails, the divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

It can be mentioned that the defendant bears it. However, the litigation costs of divorce cases are generally negotiated by the parties, and if the parties fail to reach an agreement, the court will determine them. Divorce litigation fees are fees levied by the people's courts on the parties to the divorce litigation, and according to the relevant provisions of the Civil Procedure Law, the litigation fees are generally paid in advance by the plaintiff and borne by the losing party.

When the plaintiff files a lawsuit for divorce with the people's court, and the people's court makes a decision to accept the case, it also notifies the plaintiff to pay the litigation fee in advance, and finally the people's court determines the proportion of the party bearing the litigation fee and the size of the responsibility of both parties in accordance with the principle of "the plaintiff pays in advance, and the losing party bears the lawsuit", and if the plaintiff withdraws the lawsuit after the litigation fee is paid, the people's court will only refund 50% of the litigation fee. Divorce cases are subject to the provisions of the Supreme People's Court, 10-50 yuan per case; If the division of property is involved, the total amount of the property does not exceed 10,000 yuan, and there is no additional fee, and if it exceeds 10,000 yuan, 1% of the excess part will be added as litigation fees; The people's court shall determine who bears the litigation costs at the end of the case. The fees levied in family property cases are calculated according to the value of the disputed property between the parties, with a value of less than 1,000 yuan, 50 yuan per piece, and 1,000 yuan to 50,000 yuan, which is levied at 4%, that is, 10 yuan for 4% of the subject matter; 50,000 yuan to 100,000 yuan, levied at 3%, that is, 3% of the target 510 yuan; The part between 100,000 yuan and 300,000 yuan will be levied at 2%, that is, 1,510 yuan for 2% of the target; 200,000 yuan to 500,000 yuan, according to the levy, that is, the target 2,510 yuan; 500,000 yuan to 1 million yuan, levied at 1%, that is, 1% of the target 5,010 yuan; If it is more than 1 million yuan, it will be levied, that is, the target is 10,010 yuan.

In fact, in practice, the criterion for the judge to decide on divorce between husband and wife is that the relationship between the husband and wife has indeed broken down, so as long as this can be proved, then it is possible to be divorced for the first time. In other words, whether a divorce will be granted or not depends on the number of times you sue for divorce.

Civil Procedure Law of the People's Republic of China

Article 118.

Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations. Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.

The measures for collecting litigation costs shall be formulated separately.

The Civil Procedure Law of the People's Republic of China is too frank.

Article 13. Measures for Payment of Litigation Costs

Article 13. Non-property cases are paid according to the following standards:

Divorce 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.