Do I need a lawyer in divorce proceedings?
Although it is well known that "lawyers are needed in litigation", how much role can lawyers play in marriage litigation, especially divorce litigation? For the court, there is a set of rules applicable to divorce proceedings, and even the best lawyer can't change this rule sometimes. For example, for the first time, if there is no situation stipulated in Article 32 of the Marriage Law, the general court will basically not divorce for the first time. When a party holds a judgment that the court will not decide divorce, it may be really uncomfortable to recall the lawyer's agency fee of thousands or tens of thousands of yuan! So, is it useful to hire a lawyer in marriage litigation?
1. Under what circumstances do you not need to hire a lawyer?
1, emotional disputes, the parties do not need to hire a lawyer.
In some divorce cases, the parties basically have no disputed property, just emotional twists and turns, psychological imbalance, feeling very hurt and wronged, and the other party is too inhuman and heartless. Lawyers are not psychological counselors, so it is of little significance to hire lawyers in such cases. It's better to find a marriage counselor to ease your emotions, or find a friend to talk to mediate your emotions.
2. The expectation is high, and the parties do not need to hire a lawyer.
In some cases, the biggest dispute between the two sides is not the division of divorce property, but the amount of mental compensation or youth compensation. Because except for the four cases stipulated in Article 46 of the Marriage Law, spiritual compensation can be claimed, other cases such as extramarital affairs, ambiguous relationship between men and women, and change of heart can hardly be compensated through legal procedures, let alone huge compensation. Therefore, lawyers ultimately play little role in such cases. Of course, one party can bring some psychological pressure to the other party by hiring a lawyer, but if it doesn't work, the efforts will be in vain.
3, the outcome is clear, the parties do not need to ask a lawyer.
In some cases, the subject matter of the case dispute may be large, but the legal relationship is simple. The court's verdict is clear at a glance. It is not very meaningful to hire a lawyer in this kind of cases (of course, if economic conditions permit, hiring a lawyer specializing in marriage law can save a lot of trouble brought by responding to the lawsuit before and during the lawsuit, saving a lot of time and energy). For example, one party buys a house before marriage, pays in full, completes the real estate license, and then marries the other party. Feelings are not harmonious after marriage. A few years later, one party filed for divorce, and the other party filed for real estate division. In such cases, one party only needs to spend a few hundred yuan to consult a lawyer for simple litigation knowledge and psychological confrontation knowledge, and there is no need to spend tens of thousands of yuan to hire a lawyer, because in such cases, unless otherwise agreed, the real estate must be owned by one party. For another example, the husband and wife borrowed 400,000 yuan from the woman's parents, and both sides signed an iou. Now parents ask for arrears, there is no statute of limitations, and there is no need to hire a lawyer, because the court will recognize this every day.
4. In the "procedural" mode, the parties do not need to hire a lawyer.
Some divorce cases are just a formality and a formality, which is nothing more than a slightly complicated legal procedure. In such cases, the parties only need to go to a lawyer and spend hundreds of dollars to consult a lawyer, without hiring a lawyer. For example, in some foreign-related cases, one or both parties are not in China, but they agree to divorce, but they have to go through court procedures. For some notarization procedures, you only need to know your own operation, and you don't need to hire a lawyer.
5, "psychological panic", the parties do not need to ask a lawyer.
In some divorce cases, the dispute is simple and the legal relationship is not complicated, but the mentality of the parties is too complicated. The vast majority of the parties have never filed a lawsuit, and they are afraid of panic when they go to court for the first time, so they spend thousands of dollars to hire a lawyer. In fact, in this case, there is no need to hire a lawyer.
This content is reproduced in Yingke Lawyer Network.
Second, under what circumstances, it is recommended that the parties ask a lawyer.
1, "economic strength type", it is recommended to hire a lawyer.
Regardless of the size of the case, regardless of the amount of disputed property, regardless of the complexity of the case, it is better to hire a lawyer and spend money. From their own strength and psychological endurance, it is still useful to hire a lawyer who is satisfied with them, after all, to help them analyze the case, say a few words in court, make it easy in mediation, and get in touch with people who don't want to deal with themselves.
2. As the case is complicated, it is recommended to hire a lawyer.
Before suing for divorce, the general parties often go through a long process of self-struggle, and generally go through an ineffective negotiation process. Although some parties did not directly talk about divorce with each other, they also experienced a psychological repeated process of long-term depression. However, if you want to get a good result in divorce proceedings, you don't have to weigh the weight in order to strengthen your determination to divorce and prepare for divorce. It may be necessary to do a lot of pre-litigation preparations to obtain evidence of marital relationship breakdown and fault, whether there are specific matters, and whether it is necessary for lawyers and the other party to mediate first for peaceful settlement. Although a war without smoke is about to start, it is important to prepare materials, draw a campaign plan and obtain property evidence. At this time, the role of hiring a lawyer is greatly demonstrated. On the other hand, when you suddenly receive a complaint from your spouse to the court, it's not enough to look at this accusation made out of nothing or even nonsense, and look at the excessive claims in the complaint, and your face turns blue with anger and your lips tremble. You need to write a defense in a targeted rather than lengthy way, so as to clarify your innocence. At the same time, you need to collect evidence around the other party's claims or the property that the other party intentionally left out. For another example, for some companies' equity, bank deposit inquiries, and cases involving stock split, asking lawyers to handle them can protect their legitimate rights and interests to the greatest extent. At this time, the role of lawyers lies in this.
3. Jurisprudence is controversial, and it is recommended to hire a lawyer.
In some divorce cases, although the case is simple, the application of the law is complicated, there is no provision for dispute settlement, the relevant judicial reply of the court is not clear, and even the theoretical circle is controversial. For the handling of such cases, professional and theoretical marriage lawyers need to be invited to help. For example, in this case:
The woman bought a house before marriage, and the contract price was 500,000. The woman contributed 400,000 yuan, and the man has evidence to prove that he directly contributed 65,438+million yuan to the real estate company where the woman bought a house. After that, both men and women get married. After that, both men and women conducted divorce proceedings. At this time, the house has appreciated to 6,543,800 yuan.
The woman said: the house was bought in her own name before marriage, and the real estate license is also in her name, so the house should be her personal property;
The man said: although the house was bought by the woman before marriage, the man also contributed, and now the house has increased in value, so the house including the value-added part should be counted as * * *.
We will not describe the specific application of the law in this case. This case is a controversial case, and the current legal rules of division are not clearly defined by law. Although the case is simple, the application of the law is complicated. It is recommended to hire a lawyer.
4, interested in mediation, it is recommended to ask a lawyer.
99% of the parties are unwilling to go to court, especially in divorce cases. It is unlikely that the disputes between the two sides can be successfully resolved through the mediation of lawyers. It is possible to solve the disputes between the two sides through the clever words of lawyers, so that both sides can have an acceptable agreement, but it is possible after all. According to our statistics, the success rate of lawyer mediation before litigation is 10%, but although it is unlikely, it is also an opportunity and possibility to hire a lawyer to mediate for the parties who really do not want to go to court, which is also the role of lawyers.
How much is a divorce lawyer?
Divorce procedure is a necessary legal procedure for couples to dissolve their marriage relationship. With the development of society, more and more women begin to be independent and share the world equally with men, which naturally reduces their energy for family, which also leads to friction, quarrel and even divorce between husband and wife. How to handle divorce procedures, how to handle divorce procedures, divorce procedures, divorce procedures and other topics have become the focus of attention in recent years, including divorce expenses, divorce procedures, where to handle divorce procedures, especially divorce procedures by agreement and a series of knowledge about divorce procedures.
Divorce refers to the legal act that both husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation. According to the provisions of China's marriage law, if the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Husband and wife's "emotional breakdown" is the legal condition for judging divorce. Divorce will do great harm to both husband and wife, both mentally and economically. How much does divorce usually cost?
At present, lawyers in different places charge different fees for divorce cases. The starting price of divorce lawyers in Fuyang is generally 3000 yuan; However, in big cities such as Beijing, Shanghai and Guangzhou, the fees charged by lawyers are relatively high. For example, in Beijing, some lawyers can take over a divorce case for five or six thousand yuan; Some lawyers can start with 1 10,000 yuan; In addition, according to the amount of the subject matter of the case, the lawyer's fee is also different. At present, there are generally two kinds of attorney fees:
Start with a certain amount, and then add a certain fee according to the disputed property exceeding a certain amount. For example, the lawyer's fee standard is 5000 yuan. In other words, no matter how small the amount of dispute in the case is, or even whether the same property is controversial, the starting fee is 5 thousand. If the disputed property exceeds a certain amount (generally100000 yuan), a certain percentage of fees will be charged for the excess. In short, the more property in the family, the higher the price that lawyers may charge.
Second, risk agency: pay a certain basic fee, and then determine a fee amount for returning the property amount. This kind of case is generally applicable to cases where the focus of dispute is the division of property, and the general difficulty of this kind of case lies in the evidence collection or execution of the same property. For example, one party doesn't know the other party's stocks or bank deposits, or the company's equity holdings, or the other party's property is scattered in various provinces, cities and even countries. Lawyers are needed to do a lot of investigation and evidence collection. In order to encourage the enthusiasm of lawyers, in the case of mutual agreement, the parties will pay a certain amount of start-up funds (generally around 5,000 yuan), and then the lawyers will collect relevant evidence, find the other party's property and do property preservation work, and be responsible for the execution of the case after the judgment. In the execution of the returned property, lawyers draw a certain percentage of remuneration, which is generally around 10-20% at present.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
1, working time spent;
2, the difficulty of legal affairs;
3. The number of lawyers required to handle legal affairs and the professional ability of lawyers;
4, the client's affordability and local social and economic development;
5. Risks and responsibilities that lawyers may bear;
6, the lawyer's social reputation and work level;
7. Other necessary expenses for handling cases.