I. Divorce by agreement
Divorce by agreement is the fastest way to divorce. In Nanjing, if both parties negotiate, they will usually bring their marriage certificate, ID card and household registration book to the marriage registration office for divorce registration within half an hour. After accepting the entrustment, professional marriage lawyers never bring a lawsuit directly to the court, but promote the divorce of both parties by agreement. Direct prosecution has many disadvantages, which not only consumes more time and money, but also the risk of litigation itself is an important factor. When the general court files a lawsuit for divorce for the first time, it is difficult to make a divorce judgment directly without special circumstances, which often gives both parties a chance to ease up.
Therefore, after we represent the case, we should first analyze the case and formulate the steps and methods of handling the case. After the analysis is completed, we will contact each other. In the past three years, lawyers' requests to meet with each other are rarely directly refused, and most cases can meet with each other and communicate effectively before litigation (if divorce cannot reach an agreement).
It usually takes half a month to a month before a lawyer comes forward to negotiate a divorce with the other party. If a lawyer comes forward to negotiate, it means that no divorce can be reached through negotiation and a lawsuit is inevitable. Therefore, many parties take lawyers seriously and can negotiate in good faith. In handling a divorce case in Suzhou, Sun Tao reached an agreement with the other party within 40 minutes, setting the fastest record for closing the case. Of course, if the gap between the two parties is too big to reach a divorce agreement, litigation is the ultimate solution.
Time required: 7 -30 days.
Second, litigation divorce
When both parties can't reach an agreement on divorce, one party will inevitably file a divorce lawsuit with the court. Nanjing courts generally use summary procedure to hear divorce cases, that is, the grass-roots courts try them alone. According to the relevant provisions of China's civil procedure law, from prosecution to court, it should be completed within three months.
The actual situation is that it usually takes about 20-30 days for a court in Nanjing to start a court session. If the defendant strongly disagrees with the divorce during the trial, the court will make a judgment about half a month after the trial. After half a year's judgment, the plaintiff can choose a second lawsuit. The courts in Nanjing now adopt the "first instance responsibility system" in handling divorce cases, that is, the judge who handles divorce cases for the first time is still responsible for handling them for the second time. Because of the experience of the first lawsuit, the judge can handle the divorce faster in the second lawsuit, and the trial will usually end within one month.
Time required: the first lawsuit: 60 days. The second lawsuit after half a year: 30 days. The two lawsuits add up to about nine months.
Third, special litigation divorce.
There is a kind of divorce by agreement, which can only be resolved by court decision. In many foreign-related divorce cases we took over, the two sides reached an agreement on divorce, property division, child support and other issues, but one party could not go back to China to handle the divorce formalities in person. Because both parties to the marriage registration must be present in person, if one party cannot return to China, the foreign party can entrust a lawyer to bring a lawsuit to the court, and the other party agrees to divorce after responding to the lawsuit in the court. In this case, the court will usually deal with it quickly. In June 2006, a foreign-related divorce case handled by lawyer Yin Lina was settled in only three days after court coordination.
The required time is: 5 days for diplomatic certification; Handling mailing procedures: 5 days; Court decision: 10 days. Total: about 20 days.