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An appeal may be made within fifteen days from the date of receipt of the judgement.
Divorce cases are civil cases and are enforced in accordance with the procedures stipulated in the Civil Procedure Law. The Civil Procedure Law stipulates the appeal period as follows:
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Where the divorce judgment finds that the relationship between the husband and wife has not broken down and the divorce is not permitted, an appeal may be filed with the people's court at the level above on the basis of the time limit for appeal contained in the judgment. Article 124 of the Civil Procedure Law may also be relied upon: "(7) In cases of divorce refusal of divorce and mediation and reconciliation, or of cases in which the adoption relationship is maintained through judgment or mediation, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it shall not be accepted. ".
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If you are not satisfied, you can appeal to the next court within 15 days of receiving the judgment.
Regarding the time limit for appealing and the court appealing, it is stated at the end of the judgment, you look at it in detail, do not exceed the time.
If you have other marital doubts, go to the lawyer who has legal advice.
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The period for appealing a divorce judgment is 15 days, which is calculated from the date on which the judgment is served on the parties. The appeal should generally be submitted to the court of first instance, and the content of the appeal brief includes the identity information of the parties, the information of the court of first instance, the request and reasons for the appeal, etc. According to article 164 of the Civil Procedure Law, if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from 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 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 of the date on which the ruling is served.
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Summary. Hello, after the divorce judgment, if the party is dissatisfied with the first-instance judgment, he can appeal to the people's court at the next higher level within 15 days from the date of receiving the judgment. The period for appeals cannot be extended for 15 days, and where the parties delay the time limit due to irresistible reasons or other legitimate reasons, they may apply for an extension of the time limit within 10 days after the obstacle is removed, and the people's court is to decide whether to approve it.
Hello, after the divorce judgment, if the party is dissatisfied with the first-instance judgment, he can appeal to the people's court at the next higher level within 15 days from the date of receiving the judgment. The period for appeal cannot be extended for 15 days, and when the person concerned by Jian Xitong delays the time limit due to irresistible reasons or other legitimate reasons, he may apply for an extension of the time limit within 10 days after the obstacle is removed, and the people's court shall decide whether to approve it. <>
Hello, the evidence required to sue for divorce is as follows: (1) proof of marriage; (2) Proof of the basic status of the marriage banquet; (3) Proof of changes in the relationship between the husband and wife after marriage and the reasons for the divorce; (4) Proof of the current status of the relationship between the husband and wife; (5) If a divorce has been sued, the court judgment, ruling and other materials shall be provided; (6) the status of the child; (7) a list of property; (8) The economic status of both parties. <>
Hello, according to Article 164 of the Civil Procedure Law, if a party is dissatisfied with the first-instance judgment of the local people, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment, and the appeal period is 15 days, and the effective time of the first-instance judgment is after the appeal period has passed, that is, 15 days after the judgment of the judgment. <>
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Divorce cases are usually settled within three months after appeal. However, it is limited to the case of appeal and second instance if the divorce judgment of the first instance is not satisfied. If the parties are dissatisfied with the first-instance divorce ruling, the time limit for closing the case is generally 30 days, calculated from the date on which the second-instance divorce is filed.
[Legal basis].
Article 269 of the Civil Procedure Law of the People's Republic of China.
Where a party who does not have a domicile in the territory of the People's Republic of China is dissatisfied with the judgment or ruling of the first-instance trial court, he has the right to file an appeal within 30 days of the date on which the judgment or ruling is served. After receiving a copy of the appeal brief, the appellee shall file a reply within 30 days. If the parties are unable to file an appeal or submit a reply within the statutory period, and if they apply for an extension, whether or not to grant it shall be decided by the people's and town courts.
Article 176.
People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the case in the second-instance trial.
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The time limit for appealing the judgment is 15 days (10 days for the written decision), and the time limit for applying for a retrial is 6 months. (Article 205 of the Civil Procedure Law: Parties applying for a retrial shall submit it within 6 months of the judgment or ruling taking legal effect).
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There is still a 15-day appeal period after receiving the verdict, and then wait another six months. Let's sue in half a year.
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In general, it is possible to sue again after six months.
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If the divorce is not divorced and the first instance judgment has entered into force, the party applying for divorce must re-file for divorce after six months, unless there is new evidence and reasons for the breakdown of the marriage during this period.
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Legal analysis: When a people's court hears a divorce case, it makes a judgment granting a divorce, and if the parties are dissatisfied with the first-instance judgment, they may appeal to the people's court at the next higher level within 15 days of the judgment being served, which is the same as that for ordinary cases. If the first-instance judgment does not allow a divorce, and there are no new circumstances or new grounds, and the plaintiff files a lawsuit with the court within six months, the people's court will not accept it in order to save judicial resources.
Legal basis: "Lusun of the Civil Procedure Law of the People's Republic of China" Article 124:The people's courts are to handle the following lawsuits in separate circumstances: (1) In accordance with the provisions of the Administrative Litigation Law, where it is within the scope of administrative litigation, inform the plaintiff to initiate an administrative lawsuit; (2) If, in accordance with the provisions of law, the parties have reached a written arbitration agreement to apply for arbitration, and shall not file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution; (3) Inform the plaintiff to apply to the relevant organs for resolution of disputes that should be handled by other organs in accordance with the provisions of law; (4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction; (5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties to the jury chain file another lawsuit, inform the plaintiff to apply for a retrial, except where the people's court rules approve the withdrawal of the lawsuit; (6) In cases where litigation must not be made within a set period of time in accordance with the provisions of law, and where litigation is initiated within the period of time for which litigation must not be initiated, it is not to be accepted; (7) In divorce cases where a judgment does not allow divorce or mediation and reconciliation, or where there are no new circumstances or new reasons for the plaintiff to sue again within six months, it is not to be accepted.
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The court grants a divorce and the period of appeal is 15 days. Article 1076 of the Civil Code of the People's Republic of China Where a 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 engage in 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 the party is declared missing after the first party is buried 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 initiates divorce proceedings again, the divorce shall be granted.
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