The time interval between filing a divorce petition and how long it will take for the court to accep

According to Article 111 (7) of the Civil Procedure Law, if a judgment is made not to allow divorce and a divorce case that has been mediated, and there is no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it shall not be accepted. However, Article 150 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law stipulates that where a defendant files a lawsuit in a people's court, it is not subject to the above restrictions. Therefore, the plaintiff sues for divorce again, and the interval is usually six months.

Lawyer Hu Jinping.

You've sued once, right? If so, then sue again 6 months from the date you receive the ruling or judgment.

Yes, it will take half a year later.

Six months after the entry into force of the first judgment.

For details, please contact ** or QQ.

Beijing Marriage and Family, lawyer Liu Dalai.

1. If you sue for divorce for the second time, you need to wait for 6 months after the first judgment takes effect before you can file a lawsuit.

2. Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China stipulates: "The people's court must accept a lawsuit that meets the requirements of Article 108 of this Law; The following prosecutions are to be handled in separate circumstances:

7) In cases where a judgment does not allow a divorce or a divorce that is reconciled through mediation, or a judgment or mediation to maintain an adoption relationship, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it is not to be accepted. ”

Legal Analysis: The court must accept a lawsuit that meets the conditions for prosecution. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

The requirements for filing a lawsuit are: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

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 79 Where one of the spouses requests a divorce, the relevant organizations 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 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 reported missing and the other party initiates divorce proceedings, the divorce shall be granted.

If, after the people's court has ruled that the divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

If the divorce case is relatively simple and the summary procedure is applied, the court generally needs to conclude the trial within three months; If the case is more complicated, the court generally needs to conclude the case within six months, and in general, it takes three to six months to file for divorce and the judgment.

1. How long does it take for the case to be closed?

The Civil Procedure Law clearly stipulates the time from the filing of a case to the conclusion of a case. If it is a first-instance civil case, if the court applies the summary procedure to hear the case, it shall generally conclude the case within three months from the date of filing. If the ordinary procedures are applied, the trial shall be concluded within six months.

If the case is complicated, they may apply to the president of the court to extend the trial period by six months.

If it is a second-instance civil case, the trial shall be completed within six months from the date on which the case is filed. If there are special circumstances that require an extension, the dean can apply for a six-month extension. If the party files a lawsuit with the court, if the request is in accordance with the law and there is sufficient evidence to prove that the claim is established, then the court will support the party's claim in the form of a judgment, and vice versa.

The lawsuit may be dismissed.

2. The case has not been filed for a month after suing for divorce.

There are no clear provisions in China's law, and it generally takes one month from prosecution to **, which also needs to be determined according to the case scheduling of local courts. Divorce cases are generally concluded within 3 months, which is still decided according to the actual situation. People's courts applying the simplified procedures to try cases shall try and conclude the case within 3 months of filing the case.

When applying the ordinary procedures at trial, the trial shall be completed within 6 months of the date on which the case is filed. In special circumstances, it can be extended for 6 months with the approval of the president; Where an extension is still necessary, it shall be reported to the people's court at a higher level for approval. If the other party appears in court, the court may make a judgment in absentia.

3. How to deal with the divorce if the husband does not agree to the divorce after three years of separation.

If the husband does not agree to the divorce after three years of separation, he can file a divorce lawsuit with the court. The materials that need to be prepared to sue for divorce in court are as follows:

1. Civil complaint;

2. ID card or household registration book of both husband and wife;

3. Marriage certificate or marriage registration review form and other marriage certificates;

4. Proof of the joint property of the husband and wife;

5. Evidence to prove the breakdown of the relationship between the husband and wife.

If you sue for divorce, there is about 1 to 7 days to file the case for review, 1 to 5 days to serve the complaint, plus 30 days to present evidence, and it generally takes about 32-42 days to **. If the divorce case is relatively simple and the summary procedure is applied, the court generally needs to conclude the trial within three months; If the case is more complex, the court will generally need to complete the case within six months.

Legal analysis: If the divorce case is relatively simple and the summary procedure is applied, the court generally needs to conclude the trial within three months; If the case is more complicated, the court generally needs to conclude the case within six months, and in general, it takes three to six months to file for divorce and the judgment.

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 office. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the letter sales opinions on matters such as child support, property, and debt disposition.

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 divorce proceedings, 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.