How to file a lawsuit by a divorce lawyer is as follows:
1. Bring a lawsuit to the people's court;
2. After being examined by the filing hall to meet the filing conditions, the filing court will issue a notice of filing, and pay the legal fees with the notice of filing, which will be formally accepted by the court;
3. After being accepted by the court filing court, the case will be transferred to the civil court for trial.
The agency process of divorce lawyer:
1. Accept the marriage and check whether there are conditions for divorce or whether there are conditions for divorce in a certain place;
The parties concerned shall explain to the attorney the reasons for the divorce, whether the other party agrees to the divorce, whether the divorced parties are registered in a certain place, and if one party is absent or both parties are absent, they shall submit proof of living in a certain place to the divorce lawyer, including temporary residence permit, certificate issued by street offices and neighborhood committees, etc. Divorce lawyers will explain to the parties that if both parties have not lived in a certain place for one year, the court in a certain place will generally not accept divorce proceedings. One party can only go back to the country of origin for divorce registration or file a divorce lawsuit in the country of origin;
2. According to the current situation and purpose of the parties, the divorce lawyer drafts the divorce complaint on his behalf and applies to the people's court in the jurisdiction;
Professional divorce lawyers will draft civil complaints according to the demands of the parties, list the divorced party as the defendant, and conduct specific divorce proceedings, including:
(1), requesting the court to decide the divorce of both parties;
(2) Request the court to divide family property according to law;
(3) Ask one party to raise both children, and the other party will pay for it. If one party has evidence to prove that the other party has a third party that leads to the breakdown of the relationship between husband and wife, and the other party has domestic violence, maltreatment and abandonment of family members, the lawyer will clearly state in the complaint and demand the other party to pay considerable compensation for mental damage.
3. Communicate with the court, determine the court session time, and attend the court session with the parties.
After the court serves a summons on the other party, the court will determine the time of the hearing. Considering the special requirements of the law, the parties to divorce proceedings must appear in court in person and cannot be represented by lawyers alone. Before the court session, the parties concerned shall ask for leave from the relevant departments of the unit in advance. If there are special circumstances that prevent them from appearing in court on the same day, they should explain to their lawyers, who will apply to the court for an extension or rescheduling of the trial.
One day before the trial, the divorce lawyer should communicate with the parties to determine the basic idea of the trial, the theme of the debate, and the main litigation requirements during the trial.
During the court session, the divorce lawyer should read the indictment on behalf of the parties, submit the proxy statement, communicate with the judge on his own initiative, and clarify our opinions on the factual reasons of both parties to the divorce. During the debate, the parties shall be prompted to state the relevant factual reasons, and the lawyer shall provide supplementary legal advice;
4. During the trial, the divorce lawyer should communicate with the parties whether to accept court mediation or whether to accept the other party's conditions to withdraw the lawsuit.
Mediation organized by the court is different from divorce by mutual agreement. Divorce by agreement is registered at the marriage registration office after self-mediation, and the mediation book after the court filed the case is issued by the court.
The court's divorce "civil mediation" has legal effect and does not need to apply for a divorce certificate.
If the two parties come together under the auspices of the court and decide not to divorce, then of course they will choose to withdraw the lawsuit;
5. Receive the verdict and discuss the verdict with the parties.
The result of the judgment is generally to decide whether the court agrees to divorce and whether to adopt the opinions of both parties on the division of property. The court will make a judgment according to law. If there is a big gap between the verdict and the appeal, it is necessary to analyze the reasons and discuss with the party concerned whether to file an appeal. If you file an appeal, you still need to entrust a divorce lawyer to represent you, sign a new agency agreement and charge a second-instance agency fee.
service content
1, legal consultation, writing legal documents;
2. Property witness before and during marriage;
3. Divorce mediation and pre-litigation supervision are the same as property division;
4. Acting for divorce proceedings at home and abroad;
5. Conduct a professional investigation on the property of husband and wife;
6. Professional investigation of extramarital affairs;
7. Divorced children's litigation;
8. Litigation for annulment of proxy marriage and dissolution of cohabitation;
9. Acting as an agent for criminal proceedings of bigamy, abuse and abandonment;
10, acting as the agent for the execution of the life effect judgment.
To sum up, the lawsuit must first be filed with the court, and then the court decides whether to file the case. If you decide to file a case, you can hold a trial and a lawyer can defend it.
Legal basis:
Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC).
When a party conducts a civil lawsuit, it shall pay the case acceptance fee in accordance with the regulations. In addition to paying the case acceptance fee, property cases also pay other litigation fees in accordance with regulations.
If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations.
Measures for charging litigation fees shall be formulated separately.