Question 2: What questions will the judge ask me to help me divorce? Question 1: The identity information of the divorced party. Countermeasure: Answer the information on the ID card. Note that the ID card address is different from the actual residential address, and the court should be informed of the actual residential address.
Divorce Agreement Question 2: Attitude towards divorce, or do you agree to divorce? Countermeasure: The answer is divorce, or disagree with divorce. The question boils down to this: this is the question answered by the defendant, but many defendants will attach conditions of consent. For example, if the child is mine, I will divorce, and if the house is mine, I will agree to divorce. This kind of reply is not allowed. You can only answer yes or no. If you feel that additional conditions are needed, you can put them forward during mediation.
Question 3: When did the two sides meet? Are they in love? Are they married? Do they have children? How old are they? Countermeasures: Be sure to remember the time of marriage registration, the name of the child and the date of birth. If the two sides have a dispute about the time of love, in fact, this dispute is not important.
Question 4: What is the relationship between the two parties after marriage? Countermeasures: According to the actual answer, the plaintiff can say that since last year, there have been many disputes between the two sides, and their feelings have begun to differ. Or the relationship between the two parties has been bad since marriage. The defendant can say that we have a good relationship (disagree with divorce) or agree with the plaintiff (agree with divorce).
Question 5: Are the two sides separated? Countermeasure: Remember the approximate time of your separation.
Question 6: What are the reasons for the breakdown of marriage? Countermeasure: specifically ask your divorce lawyer how to reply. The answer to this question is very complicated. I suggest that your lawyer help you sort it out in advance.
Question 7: Is there any possibility of reconciliation between you? Countermeasure: If it is the plaintiff, the answer cannot be reconciled. If the defendant doesn't want a divorce, the answer is possible.
Question 8: What is the settlement plan? Countermeasure: This question is aimed at the defendant. The defendant should find a way to settle. Don't say that on the one hand, he disagreed with the divorce and asked for reconciliation, on the other hand, he had no reconciliation plan.
Question 9: What property do you have after marriage? Countermeasures: it can be expounded from the aspects of real estate, deposits, stocks, vehicles, equity, furniture, electrical appliances and so on. Be careful not to confuse pre-marital property, especially real estate.
Question 10: Are there any debts after marriage? Countermeasure: If you have any objection to the debt, you can not admit it and let the creditor handle it separately.
Question 1 1: Do you have the same creditor's rights? Countermeasures: directly ask if you have lent money to relatives and friends. Contrary to the above question.
Question 12: if the court decides to divorce, what is your attitude towards the children? Or ask the child who will raise it? If the child is the other person's, how much support do you give? Or if the child is yours, how much support do you want the other party to give you? Countermeasure: Similarly, you can only answer whether you want custody. Do not attach any categories. I want children. Remember that the court is dealing with marriage, not children. This can be discussed during mediation. Alimony here is calculated on a monthly basis. It can be understood as how much per month.
Question 13: Are you willing to give each other a chance to make up? Countermeasures: This is because the defendant does not agree to divorce and asks for reconciliation. If the answer is yes, then the plaintiff must withdraw the lawsuit, otherwise the court will mediate and settle.
Question 14: Do you think the contents/facts written by the plaintiff in the complaint are true? Countermeasure: This is to ask the defendant during the trial. If you think it's untrue, you can point out what's wrong.
According to relevant laws and regulations, divorce cases should be mediated. Do you agree with the judge presiding over mediation? Answer: agree or disagree. Through these questions and answers, Jie Shen, a Shanghai marriage lawyer, thinks that you can go through the divorce formalities with ease.
Question 3: The court mediates divorce. What do judges usually ask first, who filed for divorce first ... because of what divorce ... and then ask if there is any hope of getting back together. ...
If mediation fails, the court will adjourn and reopen in half a year. If one party still resolutely leaves, it will involve issues such as property division and child support. If one party fails to negotiate and refuses to sign, the judge can't help it, or he can't leave.
Question 4: What will the divorce judge ask at the second hearing? Generally, if we can find out the attitudes of both parties, the same property and children in one session, we will not hold a second session. Opening the second court session means that the situation of both parties in the first court session has not been ascertained, and the court session will continue to investigate. But be careful, don't know what the judge will ask, passively wait for the judge to ask questions. Instead, you should take the initiative to put forward your own ideas at the second court session. The judge's second hearing shows that the judge is likely to divorce, so how to put forward his own opinions and how to maximize his own interests.
1, if the divorce has been agreed, it is regarded as consent, just property distribution.
If it is a divorce by agreement, after consultation, both parties shall go through the divorce formalities at the original marriage registration office or the civil affairs department where either party's household registration is located with the divorce agreement, marriage certificate and ID card to obtain the divorce certificate; It will be done in the same day.
Divorce is a lawsuit. One party can bring a lawsuit unilaterally to the court where the defendant has his domicile, or to the court where the defendant has no domicile but has lived for more than one year. If there is no big dispute, the summary procedure is applied, which is usually completed in about 3 months. If the case is complicated, it will be converted into an ordinary procedure and completed in about 6 months.
Article 32 of the Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, divorce shall be granted.
When suing for divorce for the first time, if the prosecution fails to provide evidence of the breakdown of marriage relationship, such as bigamy or cohabitation with others, domestic violence, gambling, drug abuse, separation for two years due to emotional disharmony, etc. If there is such evidence, the court will generally decide to divorce. Without this evidence, the court will not decide on divorce. The prosecution can only prosecute six months after the first-instance judgment takes effect, and the second prosecution usually decides divorce.
Question 5: What questions do judges usually ask plaintiffs in divorce cases? The trial is about to start, and I'm not ready? Hello, in divorce cases, the court usually verifies the following:
First of all, the judge needs to verify the basic information of the identity of both parties;
Second, the judge needs the plaintiff to read the complaint and the defendant to reply;
The third is to require both parties to make supplementary statements on the facts of the case;
Fourth, according to the plaintiff's claim, the plaintiff is required to produce relevant evidence;
Fifth, according to the defendant's defense, ask the defendant to produce evidence;
Sixth, the two sides cross-examine evidence;
Seventh, the final statements of both parties;
Eighth, the court will ask whether both parties agree to mediation.
Question 6: What will the judge ask at the divorce hearing? 10 Why divorce and how to distribute property?
Question 7: In divorce cases, what questions will the judge ask at the trial to ask you why you divorced, or you can make a list with her and make it clear.
Question 8: What questions will the judge ask when trying a divorce case? What questions will the judge ask? It is impossible to guess. However, according to Article 138 of the Civil Procedure Law, the court investigation shall be conducted in the following order:
(a) Statements of the parties;
(2) Inform witnesses of their rights and obligations, witness to testify, and read out the testimony of witnesses who did not appear in court;
(three) to produce documentary evidence, material evidence, audio-visual materials and electronic data;
(4) Reading out the appraisal opinions;
(5) Reading the record of the inquest.
Article 139 A party may present new evidence in court.
With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.
Article 140 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together.
Article 141 The court debates shall be conducted in the following order:
(a) the plaintiff and his agent ad litem to speak;
(two) the defendant and his agent ad litem reply;
(three) the third person and his agent ad litem to speak or reply;
(4) Debate with each other.
At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
Article 142 At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
Question 9: What will the judge say at the first divorce hearing? When hearing a divorce case for the first time, the court will understand the reasons for divorce and will advocate that both parties consider it carefully. It may also imply that both parties should get along well and not divorce easily.
If both parties insist on divorce, they will generally divorce at the second court session. If one party is unwilling to divorce, the court will consider divorce after at least two mediations, because the principle of the judge in divorce cases is to persuade as much as possible.
Question 10: What do judges usually ask in divorce courts? I am the plaintiff of that woman. First of all, it must be made clear that it is impossible to guess that the judge will ask the parties to explain the problem during the trial, because it depends on the situation involved.
Secondly, according to Article 138 of the Civil Procedure Law, the court investigation is conducted in the following order:
(a) Statements of the parties;
(2) Inform witnesses of their rights and obligations, witness to testify, and read out the testimony of witnesses who did not appear in court;
(three) to produce documentary evidence, material evidence, audio-visual materials and electronic data;
(4) Reading out the appraisal opinions;
(5) Reading the record of the inquest.
Article 139 stipulates that the parties may present new evidence in court.
With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.
Article 140 stipulates that if the plaintiff makes additional claims, the defendant makes counterclaims and a third party makes claims related to this case, they may be tried together.
Article 14 1 stipulates that court debates shall be conducted in the following order:
(a) the plaintiff and his agent ad litem to speak;
(two) the defendant and his agent ad litem reply;
(three) the third person and his agent ad litem to speak or reply;
(4) Debate with each other.
At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.