You need to pay for the second divorce. The second lawsuit for divorce is a new case, which is different from the previous cases and requires legal fees. According to the law, every divorce case should be compensated from 50 yuan to 300 yuan.
The prosecution of divorce cases means that one party to a marriage relationship requests the people's court to dissolve the marriage relationship with the other party according to law. After the litigation begins, the parties shall enjoy litigation rights and undertake litigation obligations according to law. You need to pay for the second divorce. The second lawsuit for divorce is a new case, which is different from the previous cases and requires legal fees.
What is the process of divorce proceedings?
1, litigation and jurisdiction. 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;
2. Mediation. Mediation is a necessary procedure for people's courts to hear divorce cases. Because it happens in the course of litigation, it is also called intra-litigation mediation. The people's court mediation must adhere to the principle of voluntariness and legality. At the same time, on the basis of finding out the facts, it is necessary to distinguish between the right and wrong responsibilities of both parties. Promote mutual understanding and accommodation between the two parties, facilitate reconciliation or reach a divorce agreement;
3. Trials and judgments. When a people's court hears a divorce case, all parties concerned shall appear in court, except those who cannot express their will. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court; Because divorce cases involve the privacy of the parties to varying degrees, if the parties apply for a non-public hearing, they may not hear the case in public, but declare the judgment public; If one of the parties to a divorce case dies in the course of the proceedings, the relationship between the two parties will naturally disappear, and the divorce proceedings have no practical significance. The people's court shall terminate the proceedings.
legal ground
Measures for the administration of lawyers' service fees
Article 4 The fees for lawyers' services shall be guided by the government and regulated by the market.
Article 5 A law firm shall provide the following legal services in accordance with the law, and implement government-guided prices:
(1) Acting as an agent in civil litigation cases;
(2) Acting as an agent in administrative litigation cases;
(3) Acting as an agent for state compensation cases;
(four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim;
(5) Acting as an agent for appeals in various litigation cases.
The fees charged by law firms for providing other legal services shall be subject to market-regulated prices.
Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
code of civil law
Article 58 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers
(2) Close relatives or staff members of the parties concerned.
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
People's Republic of China (PRC) Civil Code
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.