When it comes to divorce proceedings, people naturally think of asking for a lawyer.
1. How to collect the lawyer's fee for divorce by agreement?
Regarding the fee standard for divorce lawyers by agreement, the calculation standard varies from place to place. At the same time, divorce cases will be handled and negotiated according to the property involved in the lawsuit and the difficulty of related cases, and specific issues will be handled according to the actual situation. The lawyer's fee depends on the case, and the fee depends on the first and second trial fees agreed by you and your lawyer. Some lawyers are all-inclusive, some lawyers charge by stages, and some pay their fees after you win the case. At the same time, it should be charged according to the lawyer's charging method of the judicial department. Generally speaking, a simple divorce by agreement costs/kloc-0 to 20,000 yuan for a senior lawyer and 3,000 to 5,000 yuan for an ordinary lawyer. In a word, every law firm has its own regulations on the lawyer's fees for divorce. Generally, according to the different regulations, the lawyer's fees are different. In many cases, the court generally believes that the handling of legal fees in divorce proceedings should be borne by both parties. So generally don't worry too much about the lawyer's fee. It is recommended to consult a lawyer.
Second, can a legal marriage be divorced without a de facto marriage?
If divorce is possible and a legal marriage has been formed, the marriage relationship must be dissolved through divorce registration. De facto marriage is a way of marriage relationship. Broadly speaking, both men and women subjectively have the purpose of permanent life, and objectively have the fact that they live together in the name of husband and wife without being registered by the marriage registration authority and obtaining a marriage certificate. In a narrow sense, a man and a woman without a spouse live together in the name of husband and wife without marriage registration.
De facto marriage still exists. Because of 1 994 February1,although the civil code of our country no longer recognizes de facto marriage, it does not mean that the law will completely deny de facto marriage, such as the crime of bigamy in the criminal law. Even if the spouse forms a de facto marriage with others or knows that others have a spouse, it can still be considered bigamy.
Third, how to constitute a divorce?
Divorce forms of the other party's bigamy include divorce by agreement and divorce by prosecution.
Civil code of People's Republic of China (PRC) (202 1, 1, 1 came into force)
Article 1076 Where a husband and wife voluntarily agree to divorce, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077 Cooling-off Period for Divorce Within 30 days from the date when the marriage registration office receives the application for divorce registration, if one party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078 If the marriage registration authority that registered the divorce finds out that both parties really divorced voluntarily and reached an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.
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.
Legal objectivity:
Article 29 of the Measures for Payment of Litigation Fees shall be borne by the losing party, unless the winning party voluntarily bears it. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object. Article 33 stipulates that the burden of litigation costs in divorce cases shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.