After a party’s request for divorce is dismissed, there are many options.
First of all, the parties can appeal to the higher court during the appeal period. Paragraph 1 of Article 164 of the "Civil Procedure Law of the People's Republic of China" stipulates:
If the party concerned is dissatisfied with the judgment of the local people's court of first instance, he or she has the right to file a lawsuit within 15 days from the date of delivery of the judgment. Appeal to the higher people's court
Secondly, if you want to file a divorce lawsuit again after the judgment takes effect, it will take six months to do so. Article 124 of the "Civil Procedure Law" stipulates:
"The People's Court shall handle the following lawsuits separately according to different circumstances:
...
(7) Divorce and mediation cases, and cases of judgment and mediation to maintain an adoption relationship are not allowed. If there are no new circumstances or new reasons, and the plaintiff files a lawsuit within six months, the case will not be accepted. "
In addition, Choose divorce by agreement. After the lawsuit is dismissed, the parties concerned do not lose the right to divorce by agreement. If both parties reach an agreement, they can sign a divorce agreement based on the agreed upon issues such as child custody, property division, and debt obligations. In the case of divorce by agreement, it should be noted that the parties must go to the civil affairs department to go through the divorce procedures themselves before the divorce agreement signed by both parties will take effect.
Lawyer Yang suggested that after a divorce lawsuit is dismissed, the court should state the relevant facts, relevant laws and reasons for rejection in the judgment, and the parties should analyze it carefully after receiving the judgment. If you want to continue with the lawsuit, that is, appeal again or file for divorce six months later, you need to provide strong evidence to prove that the relationship between the couple has broken down. Marriage requires careful maintenance and management by both spouses. Some couples impulsively go to court to file for divorce because of trivial matters, but give up the divorce after a certain period of cooling-off. Therefore, the court adopts a cautious attitude towards the judgment of divorce proceedings, that is, if the divorce proceedings are filed for the first time, the parties will not be sentenced to divorce if the cause of the breakdown of the marital relationship cannot be determined according to the law. Lawyer Yang said that in recent years, the divorce rate in our country has been rising, there are more and more divorce disputes, and there are also many parties who regret after divorce. When you want to divorce, if there are no unbearable reasons or if your rights and interests are violated and you cannot continue to live together, you might as well give them a cooling-off period to avoid regrets after the divorce. When the existence of marriage has a great negative impact on personal or mental health, it is recommended to consult relevant lawyers to avoid the situation where the appeal is rejected by the court due to lack of understanding of relevant laws and regulations.
The picture comes from the Internet.