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It doesn't have to be a relationship, as long as you meet the relevant divorce conditions, you will still be divorced. This is because this kind of civil case has no direct interest in the judge. You just heard about five hundred dollars, but you didn't really charge five hundred dollars.
For divorce proceedings, only 50 yuan is charged, but for the division of property, it needs to be charged according to the proportion of the subject matter of the lawsuit. So 500 yuan is about the same, or even less.
The ordinary procedure for general civil litigation cases is indeed six months, and if the judgment is not divorced, the divorce lawsuit can be filed after six months, and generally speaking, the second lawsuit for divorce will generally be divorced.
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In my experience!
For divorce cases, remember: there is no such thing as an inseparable marriage. But there is no divorce so smoothly.
1. If you want to get divorced, be prepared for the first time. Although you have many conditions for divorce, the court will generally not support the divorce the first time (this is a common practice in the country, and it will not be supported the first time, unless the parties are willing to leave). So just have this preparation, you don't have to eat it.
The party who ate the invitation resolutely disagreed, and the judge could not support it.
2. If you can't leave the first time, and you will sue after six months after the court has ruled that you can't leave, you will generally leave.
3 You said that this situation is the first time to fight for it! But there is no need to ask for it, just try to coordinate as much as possible.
4 It is really impossible to resist the war for another year, but waiting is not the solution to the problem.
5 You said that the litigation costs are very correct, 200 yuan more than the provisions of ***, pf these people. We only charge 300 yuan for assets below 200,000 yuan.
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According to Article 11 of the "Several Provisions of the Supreme People's Court on Strictly Implementing the Judges Law of the People's Republic of China on the Punishment System": "Judges shall strictly abide by the time limit prescribed by law for litigation, and must not delay the handling of cases or delay their work. The following acts are strictly prohibited:
1) Deliberately delaying the filing, service, or transfer of the case;
2) Without a legitimate reason or without approval, seriously exceeding the time limit for trial or enforcement of the case.
Violation of the above provisions shall be punished with a warning to a major demerit; where serious consequences are caused, they are to be dismissed or given a sanction of demotion or higher. Where removal or dismissal is given, a request is made for the appointment and removal organ to remove judges from office.
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Chinese seem to think of trusting relationships whenever something happens, and from the bottom of their hearts they still hope that there are "unspoken rules", and as for the "clear rules", they are often thrown aside and become useless decorations. In today's globalized environment where the rules of the game are everywhere, this is a great irony; It is not surprising that the Chinese have repeatedly become the object of ridicule from foreigners at this point.
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Legal analysis: It doesn't matter, no matter who files for divorce first, both husband and wife enjoy equal rights and obligations of Qi Xun, and the legitimate property rights and interests of the plaintiff and defendant are protected by law. According to the law, either spouse has the right to file for divorce if the relationship between the spouses has indeed broken down and it is no longer possible to continue living together.
So from a legal point of view, it doesn't matter who mentions divorce first.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing cases of divorce and marriage 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 allowed, the parties have been separated for one year, and one party again defeats the divorce lawsuit, the divorce shall be granted.
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According to Article 31 of the "Marriage Law of the People's Republic of China", divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Originally written from.
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Under what circumstances can one party unilaterally file for divorce in a divorce case, the court will generally grant a divorce under the following conditions: To determine whether the relationship between husband and wife has indeed broken down, a comprehensive analysis should be made from aspects such as the relationship between the husband and wife after marriage, the reasons for divorce, the current situation of the relationship between husband and wife, and whether there is a possibility of reconciliation.
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Yes, both parties can directly take the divorce agreement to the Civil Affairs Bureau to handle the divorce, provide the ID cards, household registration book, marriage certificate of both parties, and the divorce agreement signed by both parties, and you can get the divorce certificate on the same day.
After the divorce, the plaintiff can go to the court to apply for the withdrawal of the lawsuit, and there is no need to go through court proceedings.
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Yes, as long as both parties go to the Civil Affairs Bureau to go through the divorce procedures by agreement, of course, after completing the divorce procedures, the plaintiff has to go to the court to withdraw the lawsuit to save judicial resources.
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