1. What is the basis for charging divorce lawyers in Xiamen?
The lawyer's fee depends on the case, and the fee depends on the first and second trial fees agreed by you and your lawyer. Some lawyers are all-inclusive, some lawyers charge by stages, and some pay their fees after you win the case. At the same time, it should be charged according to the lawyer's charging method of the judicial department.
Generally speaking, the first-instance lawyer's fee for cases that do not involve property is about 3000 yuan. If there is a property dispute, you may have to pay a certain percentage of the lawyer's fee according to the amount of property, and you can determine the final lawyer's fee with the lawyer.
Second, which court should be sued for divorce?
Divorce proceedings are initiated by one party. The general principle of case jurisdiction is "the plaintiff is the defendant", that is, in principle, it should be under the jurisdiction of the people's court where the defendant lives. If the defendant has left his domicile for more than 1 year, it shall be under the jurisdiction of the people's court of the plaintiff's domicile; If both parties have left their domicile for more than 1 year, they shall be under the jurisdiction of the people's court of the defendant's habitual residence; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff sued; If both sides are soldiers, they shall generally be under the jurisdiction of the people's court where the defendant has his domicile or where the organ at or above the regiment level is located; If both parties are imprisoned or reeducated through labor, they shall generally be under the jurisdiction of the people's court of the defendant's original residence; If the defendant is sentenced to fixed-term imprisonment or has been reeducated through labor for more than 1 year, it shall be under the jurisdiction of the people's court where the defendant is sentenced to fixed-term imprisonment or reeducation through labor.
3. What is the basis for the court to decide divorce cases?
The legal reasons for judging divorce, also known as the legal reasons or standards for judging divorce, are the basis for the court to decide to grant divorce. Paragraph 2 of Article 32 of China's Marriage Law (Amendment) stipulates: "The people's court shall conduct mediation when trying divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. " This provision shows that whether a man and a woman grant a divorce after filing a divorce does not depend on whether the other party agrees to divorce, but is judged by the court according to whether the relationship between husband and wife has really broken down and mediation is ineffective. It can be seen that "whether the relationship has really broken down and mediation is invalid" is the principle boundary for the people's court to determine whether to divorce or not.
When lawyers charge fees, there are actually many factors that affect the standard of lawyers' fees. In some cases, lawyers are needed to help fight for the custody of children and the division of marital property, so the fees charged by lawyers will be higher. And to be honest, some well-known lawyers must charge more.
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