Divorce lawyer how to file a lawsuit
1, to the people's court to the court filed a lawsuit;
2, by the filing hall review meets the conditions of filing, allowed to file, by the filing court issued a notice of filing, with the filing notice to pay the litigation fee, the court formally accepts the case;
3, the court's court accepts the case, the case will be sent to the civil court, the civil court for trial. The civil division of the court to hear the case.
Divorce Lawyer's Representation Process
1, accept the marriage, to see whether the conditions for divorce or whether the conditions for filing a divorce in a certain place.
The parties should clarify to the attorney representing them the reasons for the divorce, whether the other party agrees to the divorce, whether both parties to the divorce are hukou in a certain place, if one party is not, or both parties are not, they should submit to the divorce lawyer proof of residence in a certain place, including the temporary residence permit, the street office, the certificate issued by the residents' committee, and so on. Divorce lawyers will explain to the parties, if the two sides did not live in a certain place for a year, the court of a certain place is generally not accepted divorce proceedings. A party can only go back to the origin of the divorce registration formalities or the origin of the court to file a petition for divorce proceedings.
2, according to the current situation and purpose of the parties, divorce lawyers on behalf of the drafting of the divorce suit, to the jurisdiction of the People's Court to file an application.
Professional divorce lawyers will be based on the party's claims, drafting a civil suit, the other party to the divorce as a defendant, to put forward specific divorce claims, including:
(1), request the court to judge the two parties to divorce;
(2), requesting the court to divide the family **** with the same property in accordance with the law;
(3), requesting that one party to support the two parties to the **** children of the same, the other party to pay for the use. If a party has evidence that the other party has a third party to lead to the breakup of the couple's relationship, the other party has domestic violence, abuse and abandonment of family members, then the lawyer will be written in the petition and require the other party to pay considerable moral damages.
3, communicate with the court to determine the court time, with the parties *** with the trial.
After the court serves the other party with a summons to court, a court date will be set. Considering the special requirements of the law, the parties to the divorce litigation must be personally present in person, can not only by a lawyer a full representation in court. Before the hearing the party should be to the relevant departments of the unit in advance leave, if special circumstances can not appear in court on the same day, should be explained to the lawyer, the lawyer on behalf of the court to apply for an extension or rescheduled hearing.
The day before the trial, divorce lawyer should communicate with the parties to determine the basic idea of the trial, and the subject of the argument, to determine the trial process of the main claims.
The trial, the divorce lawyer on behalf of the parties should read the indictment, submit a statement, take the initiative to communicate with the judge, on the divorce of the fact that the causes of our opinions. Debate process, the parties should be prompted on the relevant factual reasons for the statement, the lawyer to provide additional legal provisions of the opinion.
4, during the trial divorce lawyer should communicate with the parties whether to accept the court's mediation or whether to accept the other party's conditions and be withdrawn.
Court mediation under the organization is different from the two sides of the divorce by agreement, divorce by agreement is the mediation of their own to the marriage registry for the divorce registration, and the court case after the mediation is issued by the court of conciliation,
Court of divorce "civil conciliation" that has the legal effect of the divorce, do not have to go through the divorce certificate.
If the two sides in the court under the auspices of the good, decided not to divorce, then of course, will choose to withdraw the case, broken mirror!
5, receive the judgment, on the outcome of the judgment to discuss with the parties.
The result of the judgment is generally to decide whether the court agrees to divorce, whether to adopt the views of both parties on the division of property. The court will make a decision in accordance with the law. If the results of the judgment and the claim gap is large, should analyze the reasons, and the parties *** with the discussion of whether to file a request for appeal, such as appeal, the need to still entrusted to the divorce lawyer, should be re-signed a new agency agreement, the charge of the second instance agency with the use of.
Services
1, legal counseling, writing legal documents;
2, pre-marital, marital property witness;
3, the agent of the pre-litigation mediation divorce, supervision *** with the division of property;
4, the agent of the domestic, foreign divorce litigation;
5, the agent of the professional investigation of marital property;
6, the agent of extramarital affairs.
6, professional investigation of extramarital affairs;
7, children's litigation of divorce;
8, representation of marriage annulment, dissolution of cohabitation litigation;
9, representation of bigamy, abuse, abandonment of criminal proceedings;
10, representation of the effective judgment of the mandatory execution.
In summary, a lawsuit must first be filed with the court, and then the court will decide whether to file a case, and if it decides to file a case, the trial can be held, and lawyers for their defense.
Legal basis:
The Chinese people*** and the National Civil Procedure Law, Article 121
Parties to civil litigation, shall pay the case in accordance with the provisions of the fees. In addition to the payment of case acceptance fee for property cases, other litigation expenses shall be paid in accordance with the regulations.
Parties who have difficulties in paying litigation expenses may apply to the people's court for deferment, reduction or exemption in accordance with the regulations.
The method of collecting litigation expenses shall be formulated separately.