Legal analysis: The parties submit a complaint to the people's court with jurisdiction, and the court will review whether it meets the filing standards. If the filing criteria are met, the court will file the case within seven days and notify the parties, and submit the complaint A copy is sent to the defendant, and the defendant submits a statement of defense. For those who do not meet the conditions for prosecution, a ruling should be made within seven days and the case will not be accepted. The court will conduct mediation before the trial and then notify the parties and other litigants, and prepare litigation evidence at that time. Just show up for court on time. The litigation fees for divorce cases range from 50 to 300 yuan. If the amount of property involved in the division of property exceeds 200,000 yuan, an additional 0.5 yuan should be paid.
Legal Analysis: "Civil Procedure Law of the People's Republic of China"
Article 9
The People's Court shall hear civil cases on the basis of voluntariness and legality Mediation shall be conducted according to the principles; if mediation fails, a judgment shall be made in a timely manner.
Article 120
A complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, the complaint can be filed orally, and the people's court will record it and inform the other party.
Article 123
The People’s Court shall protect the parties’ right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
Article 125
The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall file a copy of the complaint within fifteen days from the date of receipt. Reply. The defense statement shall state the name, gender, age, ethnicity, occupation, work unit, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
Article 136
When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.
"Measures for the Payment of Litigation Fees"
Article 13
Case acceptance fees shall be paid in accordance with the following standards:
(1) Property cases shall be paid cumulatively according to the amount or value of the litigation claim in accordance with the following proportions: 1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case; 2. For the part exceeding 10,000 yuan to 100,000 yuan, 2.5% shall be paid Payment; 3. The amount exceeding 100,000 yuan to 200,000 yuan is paid at 2%; 4. The amount exceeding 200,000 yuan to 500,000 yuan is paid at 1.5%; 5. The amount exceeding 500,000 yuan to 1 million yuan is paid. , pay at the rate of 1%; 6. For the portion exceeding 1 million yuan to 2 million yuan, pay at the rate of 0.9%; 7. For the portion exceeding 2 million yuan to 5 million yuan, pay at the rate of 0.8%; 8. For the portion exceeding 5 million yuan to 1,000 For the portion exceeding 10,000 yuan, 0.7% is paid; 9. For the portion exceeding 10 million yuan to 20 million yuan, 0.6% is paid; 10. For the portion exceeding 20 million yuan, 0.5% is paid.
(2) Non-property cases should be paid according to the following standards: 1. Divorce cases should be paid between 50 yuan and 300 yuan per case. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid. 2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to compensation for damages, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid. 3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.
(4) 10 yuan is required for each labor dispute case.
(5) Administrative cases shall be paid according to the following standards: 1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each; 2. Other administrative cases shall be paid 50 yuan each.
(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.