I want a divorce but the first instance did not grant the divorce, I am not satisfied and want to ap

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

In this case, it is recommended that you wait six months to re-file the case, as the second instance will generally uphold the first instance verdict.

If you wish to appeal, you must appeal to the designated court on the date of the judgement, but the appeal brief is usually given to the judge of the court of first instance, who submits the entire case file to the court of second instance.

Marriage and Family Lawyer in Beijing.

It is not advisable to appeal and it is recommended that you wait six months after the first instance judgment takes effect to file a lawsuit again, and the court will generally sentence you away.

Where the party is dissatisfied with the first-instance divorce judgment and appeals, the party shall appeal to the people's court at the level above within 15 days of the date on which the first-instance judgment is served. The right to appeal is a legal right enjoyed by both parties, and the appellant shall submit an appeal petition to the original people's court. Article 164 of the Civil Procedure Law: Where a party with the right of appeal is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the People's Court of the People's Republic of China at the next higher level within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. Article 124 of the Civil Procedure Law: In divorce cases where a judgment does not allow divorce and mediation is reconciled, or where a judgment or mediation maintains an adoption relationship, where there are no new circumstances or new reasons for the dismantling of the case, and the plaintiff files another lawsuit within six months, it shall not be accepted.

Dissatisfied with the first-instance judgment of divorce shall be appealed to the people's court at the level above within 15 days of the date on which the first-instance judgment is served, and the appeal petition shall be submitted through the original people's court, and copies shall be submitted according to the number of opposing parties or representatives.

[Legal basis].Article 164 of the Civil Procedure Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal the land judgment to the people's court at the level above within 15 days of the date on which the judgment is served.

If the person concerned is not satisfied with the first-instance ruling of the local people's court, he has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 175.

The judgment or ruling of the second-instance people's court is the final judgment or ruling.

Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with the first-instance ruling of the local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date on which the ruling is served.