1, practicing lawyers, as agents, participate in mediation and litigation of cases, and in addition to charging a handling fee of 3,000-5,000 yuan for each case, they should also charge consulting fees in stages according to the following proportions:
If the extra expenses are less than 1 ten thousand yuan (6%-9%), the amount of the disputed subject matter is exempted from 1- 1 ten thousand yuan (including 1 ten thousand yuan).
10-200,000 yuan (including 200,000 yuan) (bid amount-65,438+10,000 yuan) x (4%-8%)+(1-65,438+10,000 yuan).
200,000-500,000 yuan (including 500,000 yuan) (bid amount-200,000 yuan) x (3%-6%)+(654.38+0-654.38+10000 yuan)+(654.38+0-200,000 yuan).
50- 1 10,000 yuan (including 1 10,000 yuan) (target amount-500,000 yuan) x (2.5%-5%)+(110,000 yuan part charge) +( 10-)
100-1 00000 yuan (inclusive) (target amount-100000 yuan) x (1%-2%)+(1-65438+)
If the price exceeds 100000 yuan (the winning bid amount is-100000 yuan) x (0.5%-1%)+(part of100000 yuan will be collected) +( 10-20)
+(50- 1 million yuan) +( 1 million yuan).
Fees may be reduced or exempted for cases that have been tried in the first instance and the second instance.
2. 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.
3. According to the practical law, the legal costs are generally borne by the losing party, and divorce proceedings are neither divorced nor divorced. It is said that divorce will involve issues such as property division and child support. Although the plaintiff's divorce application is supported, the division of property also protects his rights and interests, and he will bear the litigation costs. The two sides are still husband and wife, and the property still belongs to * * *, regardless of each other. Therefore, the court generally believes that the handling of litigation costs in divorce proceedings is borne by both parties.
Second, how long will the divorce procedure be completed?
Usually, a divorce case takes three months according to the summary procedure, six months according to the ordinary procedure and three months according to the second instance procedure. Therefore, divorce disputes are generally as short as three months and as long as six months. When suing for divorce for the first time, if the other party insists on not wanting to divorce, the judge decides that the relationship between husband and wife has not completely broken down, and the first prosecution will generally not divorce. You can't file a second lawsuit and file a second divorce lawsuit until six months after the judgment takes effect. Judges usually divorce regardless of whether the other party agrees or not. According to this time limit, if you sue twice to achieve the ultimate goal of divorce, it will take about one year. In foreign-related divorce proceedings, because the procedure is complicated, if the other party deliberately delays, the time will be longer.
The fastest divorce is three months, and the latest is six months. If there are special circumstances, an application will be made to extend the trial time. Before the divorce proceedings in the people's court, there will be pre-trial mediation, and if the mediation fails, the trial will be held.
To sum up, because the types of divorce cases are quite different, although they are all divorce cases, some cases are simple and the workload is small, and some cases involve companies, equity, real estate, creditor's rights, debts, guarantees and so on. This requires a lot of working time. In addition, with different levels of economic development in different places, the agency fees of divorce lawyers are also very different, and the requirements for divorce cases are also relatively high. The parties need lawyers to provide emotional counseling services, which will also affect the lawyer's fee for divorce cases.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1076
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
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 1079
If one of the spouses requests a divorce, the relevant organizations 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.