1. Can you find evidence of an affair by suing a divorce lawyer?
Lawyers can find evidence of infidelity. If one party hires a lawyer as an agent ad litem, it has the right to collect evidence to prove that the other party has been unfaithful and other circumstances that lead to the breakdown of the relationship between husband and wife, thus leading to the divorce of both parties.
What can a divorce lawyer do for you?
(A) early lawyer negotiations
Many divorced couples find it difficult to sit down and negotiate calmly. Due to the lack of mutual trust, it is more difficult to reach an agreement on controversial issues. But we can't think that there is no need to negotiate or draw the conclusion that there is no possibility of successful negotiations. It is believed that when it is difficult for both men and women to negotiate, lawyers can be invited to assist in the negotiation and pay attention to skills, and sometimes the negotiation can be successful.
Lawyers can convince each other with legal knowledge;
Lawyers can grasp each other's psychology with experience and skills;
Lawyers can play the role of intermediary coordination;
Lawyers can facilitate negotiations and avoid leaving divorce sequelae;
I believe that with the participation of lawyers, there will be hope of successful negotiation, which can avoid litigation, further intensification of contradictions, further injury to feelings and waste of money. Therefore, there should be consultation before litigation. This is the first part.
(2) Negotiation in the litigation stage
If the contradiction between the two parties is too deep and the negotiation fails, or the other party communicates unreasonably, or the other party refuses to negotiate, then it will enter the litigation stage.
The court should examine whether the marriage relationship between the divorced parties has broken down. If the relationship between husband and wife has indeed broken down, the court will decide to divorce, and at the same time, it will deal with property issues and children issues together.
If the court thinks that the marriage relationship between the two parties has not completely broken down, there is still the possibility of reconciliation. Generally, it will decide not to divorce, and of course it will not deal with property issues and children.
Consultation is also needed in the course of litigation. Judges will preside over mediation, and lawyers will also participate in mediation, whether in court or in private. Both sides of the divorce in the litigation stage have ideological pressure. If lawyers pay attention to the temperature and skills, it is still possible to promote the success of the negotiations between the two sides. In the litigation stage, irrational parties are sometimes emotional, it is difficult to negotiate calmly, and even enemies are particularly red. So it is relatively difficult to negotiate at this stage. We should still focus on litigation, promote negotiation through litigation and promote peace through war.
Divorce litigation is the last barrier of law and the last choice of divorced parties. Litigation is not everything, but it is absolutely impossible without litigation. Litigation affects every party involved in litigation; When there are litigation risks and costs-money and energy, the divorced parties will consider choosing litigation or private settlement; When the previous negotiation failed, the second part of divorce-litigation came into being. When the first lawsuit fails to solve the problem, the divorced parties often choose the third part-later negotiation (or even the second lawsuit) after weighing and litigation baptism.
(3) Later lawyer consultation
If the court decides that divorce is not allowed, the divorced parties can wait for six months to file divorce proceedings again. However, this is a kind of injury to both men and women with broken feelings. Six months is also a long time, and it is a painful torment.
Marriage lawyer Wen believes that during this period, lawyers can completely assist the parties to negotiate the divorce issue again, and the possibility of successful negotiation is higher than the previous two consultations, because after a divorce lawsuit, both divorced couples are exhausted, or have reached a clear understanding, or are calm, or both sides are unwilling to see a second lawsuit. In this case, if lawyers assist in the negotiation and make full use of lawyers' skills and experience in the later negotiation, I believe the negotiation will be successful.
How much is the lawyer's fee for suing for divorce?
There is no clear standard for lawyer's fees, which are determined by both parties through consultation according to the work content, working hours, professional quality and economic situation. Lawyers in Beijing charge higher fees, but the differences between lawyers are not small. Some lawyers charge two or three thousand yuan for a divorce case in the first instance, and some can reach one or two thousand yuan or more. If the amount of property disputes in the case is not large, the current median price of marriage litigation in Beijing is generally around five or six thousand yuan. As for asking a well-known lawyer or a lawyer with high professional level to represent him, it may cost more than 20 thousand yuan. Law firms charge fees in the following two ways:
Start with a certain amount, and then add a certain fee according to the situation that the disputed property exceeds a certain amount. For example, the lawyer's fee standard is 5000 yuan, which means that no matter how small the amount of dispute in the case is, or whether the same property is disputed or not, the starting fee is 5000 yuan; If the disputed property exceeds 500,000 yuan, the excess will be collected according to a certain proportion, such as 1% or 2%. A law firm is excessively progressive according to the unequal amount of disputes. In short, the more property a husband and wife have, the higher the lawyer's fee may be.
Second, some risk agents. In order to stimulate the enthusiasm of lawyers, when the two parties reach an agreement through consultation, the parties generally pay a certain amount of start-up fee (for example, about 5,000 yuan) first, and then withdraw a certain percentage (generally 10-20%) from the property after the execution. This charging method is generally applicable to cases where the focus of dispute is the division of property. The difficulty of this kind of cases lies in the evidence collection or execution of the same property, which requires lawyers to do a lot of investigation and evidence collection, application for execution and so on.
Charge standard:
(1) Whether you can win the lawsuit depends on whether your request is based on facts and laws.
(2) The lawyer's fees vary according to different cases, and the fees depend on the first-instance and second-instance fees agreed by you and your lawyer. Some lawyers are all-inclusive, some lawyers charge by installments, and some pay their fees after you win the case. At the same time, fees 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.
The above is a detailed introduction to the question of whether divorce lawyers can find evidence of infidelity. Entrust a lawyer to see personal wishes and financial situation. Mainly because of the economic situation, litigation cases generally involve many procedural and evidential issues, which are difficult for ordinary people to properly handle, and the financial and material resources paid are often far from the results of the cases. If you have any other questions, please consult a lawyer.