Do I need to hire a lawyer during the mediation period of a divorce case?

Article 32 of the Marriage Law stipulates that the people's court shall conduct mediation when hearing a case. Accordingly, mediation is a necessary procedure for hearing divorce cases.

Even if the marriage registration authority or neighborhood organization has already mediated before filing a lawsuit, the people's court should still conduct mediation after accepting the case. When conducting mediation, adjudicators must, on the basis of the ascertained facts, conduct persuasion and education on both sides in accordance with the law, publicize laws, policies, and socialist ethics and morality, criticize the party at fault, and counsel the party who is not at fault. After the mediation begins, the reconciliation work should be done first.

If the relationship has not broken down, but the parties cannot reach a mediation agreement, a judgment shall be made in a timely manner not to allow the divorce; If the relationship between the two parties has indeed broken down and there is no possibility of reconciliation, the work of mediating the divorce should be done, and if the parties cannot reach a mediation agreement, a judgment should be made in time to grant the divorce. Mediation is a necessary procedure for hearing divorce cases, and it does not mean that the parties must accept mediation. The principles of voluntariness and legality must also be adhered to in the mediation of divorce parties.

On the one hand, the parties must voluntarily accept mediation, and the parties cannot be forced to accept mediation; On the other hand, the content of the agreement reached must be the result of persuasion and education and democratic consultation between the parties. Legal basis: Article 32 of the Marriage Law of the People's Republic of China provides that people's courts hearing cases shall conduct mediation.

It's best to consult with a lawyer, and if it's voluntary, you don't need to. If there is a question of property or maintenance, or if the distribution is not equal, you need to consult a lawyer.

Legal analysis: If divorce mediation is voluntary and there is no big dispute, then it is okay not to hire a lawyer; However, if it involves complex issues of child support and property division, it is recommended to entrust a lawyer to assist in handling it, so as to better protect your legitimate rights and interests.

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 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.

Whether to hire a lawyer needs to be analyzed on a case-by-case basis, if it is voluntary mediation and there is not much in dispute, then it is okay not to hire a lawyer; However, if it involves complex issues of child support and property division, it is recommended to entrust a lawyer to assist in handling it, so as to better protect your legitimate rights and interests.

There are generally three outcomes of divorce mediation:

First, after mediation, the parties reconciled, the plaintiff withdrew the lawsuit, and the lawsuit ended;

Second, if the parties reach a divorce agreement, the people's court shall prepare a divorce mediation document in accordance with the agreement, and after the mediation agreement is served, it will take legal effect, and the marriage relationship shall be dissolved from thereon;

Third, if the mediation fails, the next litigation procedure should be immediately initiated.

1. What aspects should be paid attention to in divorce mediation?

1. It is necessary to stipulate a settlement period in the divorce proceedings. It is necessary to stipulate the divorce settlement procedure in the Civil Procedure Law or relevant judicial interpretations, that is, after the divorce lawsuit is accepted, on the basis of voluntariness and legality, the parties should be given a reasonable period of calm consideration to avoid emotional and rash divorce.

2. Gradually establish a mechanism for the selection of judges to participate in divorce proceedings. In the design of the divorce mediation system in China, we should be able to ensure that the judges involved in the divorce proceedings have at least a certain amount of family life experience, a sense of marital responsibility, the necessary marital experience and relatively rich social experience, etc., at least not young judges who are just starting out.

3. Invite professionals and relevant units to participate in mediation in divorce proceedings. The court may invite persons including psychological, medical, and sociological professionals to participate in divorce mediation to maximize the effect of divorce mediation; Courts may also invite relevant personnel of women's federations and specialized organizations engaged in child protection work to participate in the mediation of divorce proceedings, and with their rich work experience, they can protect the legitimate rights and interests of vulnerable groups as much as possible in the process of divorce mediation.

2. Q&A on divorce mediation procedures.

Question from online auction friends:

What is the Mediation Process for Filing a Divorce?

Lawyer: The court's matrimonial mediation work runs through the entire litigation process, which is generally divided into three stages:

1) Pre-litigation mediation.

Pre-litigation mediation, as the name suggests, is pre-litigation mediation. Specifically, when you decide to go to the court to sue for divorce, the court will not file the case, but will give you a list of materials to receive and inform you within 45 days whether the case can be successfully filed, and he will first contact the defendant, confirm the identity and address of the defendant, and notify both parties to mediate under the mediation of the judge.

2) Pre-trial mediation.

Pre-trial mediation means that after the case is successfully filed and before the formal trial, the presiding judge will generally summon the opposing party to the court to accept the judge's support for mediation.

2) Mediation during litigation.

In the case of the first divorce lawsuit, if there is no statutory ground for divorce, the court will focus on mediation and reconciliation.

You can appoint a lawyer to handle the divorce procedures. Divorce by mutual agreement requires both husband and wife to go to the civil affairs department where one of the parties is registered to sign the pure god character to go through the divorce procedures and obtain the divorce certificate. Litigation divorce can entrust a lawyer to participate in the trial, but the person must attend, and finally the court judgment needs to be signed by both parties, unless there are special circumstances recognized by the court, you can submit an application and obtain the consent of the court, do not participate in the trial.

1. Do I have to apply for a divorce in the place where the marriage is registered?

Divorce does not have to be done at the place where the marriage is registered. Divorce by mutual agreement may go through the divorce formalities at the place of registration or at the civil affairs bureau at the place where either party is registered.

In the case of divorce by litigation, the plaintiff must bring his or her ID card, marriage certificate and complaint to the court where the respondent is registered or resided to apply for divorce.

In the case of divorce by mutual agreement, both parties must apply for divorce registration in person at the marriage registration authority where one party has a household registration. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

2. How to transfer the house to one party after divorce.

Divorce by mutual agreement refers to a divorce in which the husband and wife reach an agreement on divorce, property division, and child support, and go through the divorce formalities through the civil affairs department to end the marital status. If you agree to a divorce, the procedures required for the transfer of property in the divorce must include:

1. Divorce agreement on the division of real estate;

2. Divorce certificate and photocopy;

3. If one of the rights holders applies for registration of the divorce property ownership agreement, a notarized divorce property ownership agreement shall be submitted;

4. Real estate certificate;

5. Identification certificate and photocopy.

Litigation divorce refers to a divorce method in which the husband and wife have not reached an agreement on divorce, property division or child support, and file a lawsuit with the court to ask the court to grant a divorce. The materials required for the divorce property include: effective court judgment and a copy; If the judgment clarifies the ownership of the property, the right holder may apply for the registration of the real estate certificate; Proof of identity and photocopy; Title Deed.

3. How to handle divorce in Shenyang?

There are two main ways to get a divorce: divorce by agreement or divorce by litigation. (1) If you divorce by agreement, you need to reach an agreement on property division, child custody, creditor's rights and debts, etc., and then go to the place where one party is registered to go through the divorce procedures in person with the agreement, ID card, marriage certificate, household registration book and other materials.

2) If you take the route of divorce by litigation, then you need to bring the marriage certificate, ID card, complaint, the defendant's household registration certificate or residence certificate and other materials to the jurisdiction of the court to file a lawsuit, and then wait for the court to hear.

Article 62 of the Civil Procedure Law of the People's Republic of China: Divorce Proceedings**.

If there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.