Time limit for trial:
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. The time limit for hearing appeals against civil judgments is 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. In other words, divorce cases are generally concluded within six months (fifteen months under special circumstances), and the period of summary procedure 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, how much does it cost to sue for divorce?
How much does it cost to sue for divorce? The amount spent varies from case to case.
First of all, what is needed is the cost of divorce proceedings.
The case acceptance fee is only a legal fee, which is paid at the time of prosecution. According to the Supreme People's Court's Measures for Payment of Litigation Fees, each divorce case is paid from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%. The burden of litigation costs in divorce cases shall be decided by the people's court.
Secondly, in addition to the case acceptance fee, the application fee generated in the course of litigation; Appraisal fee; The transportation, accommodation, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court shall be paid by one party in advance according to the circumstances.
The lawyer's agency fee varies from person to person. Good lawyers are more expensive, but generally cheaper. It depends on how to talk to a lawyer.
Three. Procedure for suing for divorce
The procedure of suing for divorce includes three stages:
The first stage: the prosecution stage
This stage includes the following three steps:
1. The plaintiff submits the complaint, copy and relevant evidence to the people's court;
2. The people's court accepts the documents and materials submitted by the plaintiff for examination;
3. After examination, if the prosecution meets the legal provisions and requirements, make a decision on acceptance and file a case; Otherwise, return the plaintiff's documents and materials and inform them of the reasons for rejection.
(2) The second stage: the defensive stage.
1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply;
2. The defendant shall file a reply within 15 days from the date of receiving the copy of the indictment served by the people's court.
If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment.
If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.
(3) The third stage: the trial stage.
This stage enters the substantive stage of divorce proceedings, mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following steps:
1, drafting a complaint;
2. Prepare the evidence needed for litigation;
3. Submit the complaint and evidence to the court with jurisdiction;
4. The court decides whether to accept the lawsuit;
5. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;
6. The court arranges the court session time and sends subpoenas to both parties;
7. Court hearing: both parties can entrust lawyers or other professionals to represent the litigation (in general, both parties to divorce must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce);
8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
The divorce proceedings have ended, but if you are not satisfied with the court's judgment, you can appeal to the intermediate people's court within 15 days from the date of receiving the judgment (ruling 10). If no appeal is made within the time limit, the judgment will take effect. If you are dissatisfied with the effective divorce judgment (mediation), according to the provisions of the Civil Procedure Law, the parties can not apply for retrial, but can only apply for retrial on related issues such as property division and child support.