How much is the appeal fee for divorce? How long can I leave after separation? 10

Separation for more than two years means that when the people's court hears a divorce case, it confirms that the relationship between the two parties has broken down, and the divorce proceedings are six months in the first instance and three months in the second instance, which is the time limit prescribed by law, and most of them do not take such a long time. Divorce cases are subject to a fee of $50 to $300 per case. Involves the division of property.

If 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.

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If the husband and wife have been separated for more than 2 years and the relationship between the husband and wife is irreparable, the court will accept the application, and under normal circumstances, the court will reject the first application for divorce, in line with the principle of preferring to demolish 10 temples than break a marriage, after the rejection, give both parties half a year to see if the relationship is broken. Whether it can't be saved. Usually the second time will agree.

Litigation costs are more miscellaneous, including litigation costs and attorney fees. Wait, go to the local lawyer and ask [ 50 yuan to 300 yuan per divorce 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.

Emotional discord and separation for two years:

The two necessary elements are: 1. Due to emotional discord; 2. Those who have been separated for two years.

How to calculate the "two-year" period of "two years of separation due to emotional discord":

1. From the day after the last cohabitation jointly agreed by the husband and wife who filed for divorce to the day on which the divorce proceedings were filed (the petition was submitted to the people's court);

2. The period of separation shall be counted for two consecutive years. If the separation is followed by cohabitation, the time of cohabitation and separation shall be recalculated from the time of cohabitation and separation, and the time of separation before and after shall be terminated, that is, the time of separation shall be counted consecutively, and the time of several separations before and after shall not be counted cumulatively.

1.This fee is tailored to local conditions, and who knows if you hire a lawyer or not?

2.If you have been separated for more than two years and your relationship is broken, it's fine!

Legal Analysis: Divorce can be litigated regardless of how long the separation has been. The conditions for suing for divorce are: the parties are legally married; Persons with full capacity for civil conduct on both sides; a true expression of the prosecution's intention to divorce; There is no violation of laws, regulations and other administrative regulations.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: If one of the husband and wife wants to seek a divorce, the relevant organization may make a 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 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.

As long as the parties cannot agree to divorce, they can file a lawsuit for divorce, and there is no set for how long they will be separated.

According to the provisions of the Civil Code, one of the statutory grounds for divorce is that a husband and wife have separated due to emotional discord and have lived for two years.

This refers to the legal grounds for divorce filed by the husband and wife due to separation, but the husband and wife must have been separated for two years before they can be divorced, and they have been separated for two years due to emotional discord.

Legal basis] Article 1079 of the Civil Code provides that if 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 divorce cases shall conduct mediation; If the relationship has indeed broken down and the call for dismantling is invalid, 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 divorce proceedings, the divorce shall be granted.

Because the situation you are providing is too simple, the lawyer cannot make a full and exact judgment!

Here's how it is:

The Marriage Law stipulates that one of the husband and wife sues for divorce, and after the mediation fails, if the two parties are separated for more than two years due to emotional discord, the divorce shall be granted, but the "separation" here is conditional, first of all, the reason for separation must be the separation of the two parties, and the situation of separation for two years due to work, study and other reasons in real life is not included. Secondly, the period of separation for two years should be counted consecutively, and if the separation is followed by cohabitation, the period of separation should be calculated from the second day of the second day of the second separation to the time of filing for divorce. Thirdly, even if Zhihui satisfies the conditions of "emotional disharmony and separation for two years", the divorce is only granted if the judge finds that the relationship between the two parties has indeed broken down and the mediation is invalid, here, the judge still has a certain amount of discretion, and in the final analysis, the final standard for judging the divorce of the two parties is still whether the relationship between the husband and wife is completely broken, and the specific judgment of this standard is confirmed by the judge according to the evidence provided by both parties and the actual situation after the trial. It is not a simple divorce as long as you have been separated for two years.

Finally, for the sake of prudence, it is recommended that you bring the relevant materials to the local law firm for detailed consultation!

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