First, how long does it usually take to file a divorce lawsuit, and how long does this process take?
Generally, the time limit for divorce proceedings is: the court of first instance will generally conclude a divorce case within six months (fifteen months under special circumstances), and the time limit for summary proceedings is three months. The appeal against the judgment of the court of first instance is generally concluded within three months (six months under special circumstances).
Second, what are the relevant legal provisions?
According to the provisions of Article 135 of the Civil Procedure Law, a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval. According to the provisions of Article 170 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the trial period shall not be extended for cases tried by summary procedure. In the course of the trial, if it is found that the case is complicated and needs to be transferred to the ordinary procedure, it can be transferred to the ordinary procedure, and the collegial panel will hear the case and notify both parties in time. The trial period shall be counted from the day after the case is filed. Therefore, the trial time of litigation divorce cases is as follows:
(1) First instance: if the summary procedure is applied, the time limit is three months; The time limit for ordinary procedures to hear civil cases of first instance is six months; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital. If an extension is necessary, it may be extended for another three months with the approval of the people's court at the next higher level.
(2) Second instance: hearing the appeal against the civil judgment for three months; If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital.
3. How much does it cost to hire a lawyer to fight a divorce lawsuit, and what is the charging standard?
The charging standard for entrusting a lawyer to fight a divorce lawsuit is: the minimum lawyer fee for divorce1000-2,000 yuan. According to the amount of property of both parties, the lawyer's fees are also charged in proportion, which is about 1%-2%. If it is a second lawsuit, you have to prepare two legal fees.
If the husband and wife do not reach an agreement on the content of divorce, they can only choose the way of litigation divorce. In the process of divorce proceedings, the first instance and the second instance are generally involved, and the time required for these two processes will vary according to the specific circumstances of the case and the situation of the parties, but generally the longest time will not exceed six months.