On the issue of appeals after the first instance of divorce cases

After the judgment of the first instance, you must file an appeal petition to the court of second instance within 15 days of the day after the judgment is served on you. Otherwise, fifteen days have passed, and the verdict will take effect, which means that you have no chance.

You can only wait for the opportunity to file a lawsuit for change of dependents again in the future, but the chances are very small for you.

So if you want to have children, very simply, you have to prove that you are raising children more conducive to the healthy growth of children than he is raising children. Or the man has any factors that are detrimental to the child's growth, such as domestic violence, drug abuse, gambling, etc.

The second instance of civil litigation cases is heard in the Intermediate People's Court, and the Intermediate People's Court is generally the higher court of the first-instance judgment court

China's Civil Procedure Law has clear provisions on the trial of civil appeal cases:

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served.

Article 167:When the original people's court receives an appeal brief, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party submits a reply within 15 days of receiving it. The people's court shall send a copy to the appellant within 5 days of receiving the reply. Where the opposing party does not submit a reply, it does not affect the people's court's trial.

The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence, upon receipt of the appeal petition or reply.

In your case, when the other party sues for the first time, you should apply for a jurisdictional objection within the time limit for cross-examination.

If the other party has relatives in the court, it is recommended to apply for judicial recusal.

I agree with your idea, but be careful not to give in too much at first.

Whether a divorce case can be appealed in the final instance is mainly discussed in two categories: 1. If it is a dispute over identity relationship, in principle, it cannot be appealed in the second instance. Because marriage is related to the stability of society, it cannot be changed again and again.

However, if the court decides not to grant a divorce, it is possible to file for divorce again after 6 months after the judgment. 2. If it is a property dispute, it can be appealed. According to Article 1087 of the Civil Code, 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 shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of Caichang's disturbance of property.

Article 164 of the Civil Procedure Law: Where a party is dissatisfied with a first-instance judgment of a local people's court, it 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. If a party is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the people's court at the next higher level within 10 days from the date on which the ruling is served.

Legal Analysis: Yes. Where the parties are not satisfied with the first-instance judgment, the parties may appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

If the parties are not satisfied with the court's judgment not granting divorce, they may file a divorce lawsuit again 6 months after the judgment takes effect.

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 file an appeal with 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 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.

Legal analysis: According to the law, if a party is dissatisfied with the first-instance judgment, the party may appeal to the people's court at the next higher level within 15 days from the date of service of the judgment on the issue of property division and child support. If the parties are dissatisfied with the court's judgment not granting divorce, they may file a divorce lawsuit again 6 months after the judgment takes effect.

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 mediation fails, a 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 a divorce lawsuit, 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 files a divorce lawsuit again, the divorce shall be granted.