1. Do I need a lawyer to represent me in divorce proceedings?
Whether divorce proceedings need to be represented by a lawyer depends on the specific circumstances.
First, these divorce cases do not require lawyers:
1, the result is clear and predictable, and you don't need to find a lawyer.
2. The expectation of divorce compensation is too high, so don't look for a lawyer.
Second, it is recommended to hire a lawyer in the following divorce situations:
1, complicated divorce case, it is recommended to find a lawyer.
2, the law is blank, it is recommended to find a lawyer.
Second, how to deal with divorce in different places? How to handle divorce proceedings in different places?
According to article 12 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of Civil Procedure Law, a case in which one spouse has left his domicile for more than one year and the other spouse files a divorce lawsuit shall be under the jurisdiction of the people's court in the plaintiff's domicile. If one spouse has left his domicile for more than one year, the divorce case filed by one spouse 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 has his domicile at the time of prosecution. The above-mentioned residence refers to the residence of citizens; A habitual residence refers to a place where a citizen has lived continuously for more than one year from his domicile to the time of prosecution, except where a citizen is hospitalized.
Both parties have left their domicile for more than one year, and now they should file divorce proceedings. In principle, the provisions of the above article 12 shall apply, but two situations shall be distinguished:
First, if one party has lived in his current place of residence for more than one year, the other party shall file a lawsuit for divorce with the people's court of one party's habitual residence;
Second, if one party has not lived in the current place of residence for one year after separation from the other party, it should be regarded as having no habitual residence, then the other party should file a divorce lawsuit with the people's court of the other party's habitual residence.
3. What if one party asks for a divorce and the other party disagrees?
How to deal with the situation that one party asks for a divorce and the other party disagrees: both parties can negotiate again on divorce and other matters. If negotiation fails, the parties may apply to the relevant organizations for mediation or directly file a divorce lawsuit with the people's court. When accepting a divorce case, the people's court shall conduct mediation. If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Not every divorce case needs a lawyer, but it is necessary to determine whether a lawyer needs to intervene according to the specific situation.
Legal objectivity:
1. Can I apply for the withdrawal of the opposing lawyer? According to the relevant laws and regulations of our country, lawyers are not the subject of withdrawal in criminal proceedings, so they cannot apply for lawyer withdrawal. The subjects of withdrawal are judges, clerks, translators and appraisers. Article 29 of the Criminal Procedure Law of People's Republic of China (PRC), a judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case. Article 32 The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses. Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter. Second, the withdrawal of civil servants 1. Job avoidance refers to the relationship between husband and wife, lineal consanguinity, collateral consanguinity within three generations and close in-laws among civil servants, and they are not allowed to hold positions directly subordinate to the same leader or direct superior and subordinate leaders in the same organ, nor are they allowed to engage in organization, personnel, discipline inspection, supervision, auditing and financial work in the organ where one of them holds leadership positions. 2. Regional avoidance means that civil servants are not allowed to hold a certain level of leadership positions where they grew up. Including the main leadership positions of township-level organs, county-level organs and relevant departments. However, the county magistrate of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy; The head of a nationality township shall be a national citizen who established the nationality township. 3. Official avoidance means that civil servants have an interest in performing official duties; Involving husband and wife, lineal blood relatives, collateral blood relatives within three generations and close in-laws with themselves, and other circumstances that may affect the fair execution of official duties. 4. Resignation avoidance refers to the resignation of civil servants or retired civil servants who have served as leading members. Other civil servants are not allowed to work in enterprises or other profit-making organizations directly related to their original jobs within three years of resignation, and are not allowed to engage in profit-making activities directly related to their original jobs.