When a couple's relationship breaks down, they often choose divorce to end the relationship. In China, there are two main types of divorce: divorce by agreement and divorce by litigation. Among them, litigation divorce is a relatively common way of divorce, and it is also the fastest way.
1. Definition of divorce by litigation.
Divorce by litigation refers to the dissolution of the marriage between the husband and wife through court proceedings. In a litigated divorce, the court will decide on the division of property and child support between the spouses in accordance with the relevant legal provisions and evidence.
2. Conditions for divorce by litigation.
1.The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
2.There is a clear defendant, a specific claim and a factual grounds;
3.It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
3. Procedures for divorce by litigation.
1.Prosecution: The parties can go to the local people's court or submit the complaint and relevant evidence materials on the official ** of the people's court to apply for filing the case.
2.Defense: The defendant shall file a reply within 15 days from the date of receipt of a copy of the complaint and submit relevant evidentiary materials.
3.Presentation of evidence: The parties shall submit evidentiary materials within the time limit for presenting evidence, and if they fail to do so within the time limit, they shall be deemed to have waived their right to present evidence.
4.Court Investigation: The judge will investigate and verify the case based on the evidence submitted by the parties and the provisions of the law.
5.Court debate: The parties may debate the facts, evidence, and applicable law of the case.
6.Mediation: Depending on the specific circumstances of the case, the judge will organize the parties to mediate to reach a settlement agreement.
7.Adjudication: If mediation fails, the judge will make a decision based on the relevant legal provisions and evidence.
IV. Precautions for Litigation Divorce.
1.The parties shall submit evidence and relevant materials within the litigation period, and where they fail to do so within the time limit, it will be deemed to have waived their right to present evidence.
2.Parties shall abide by courtroom rules and order, and must not make personal attacks or maliciously interfere with courtroom order.
3.The parties shall respect the judge's decision and must not appeal or appeal.
5. The cost of divorce by litigation.
The costs of litigation divorce mainly include litigation fees, lawyer fees, appraisal fees, etc. The specific fee standard can be queried according to the regulations of the local price bureau.
6. Advantages and disadvantages of litigation divorce.
1.Advantages: Divorce through litigation can solve some problems that cannot be solved by mutual divorce, such as property division, child support, etc. At the same time, the court's ruling is enforceable, ensuring the enforcement effect of the ruling.
2.Disadvantages: Litigation divorce requires a lot of time and energy, and at the same time, it needs to bear high lawyer fees and litigation costs. In addition, litigated divorce may also exacerbate the conflict between the husband and wife, resulting in secondary emotional damage.
7. How to avoid the occurrence of litigation divorce.
In order to avoid the occurrence of litigation divorce, both husband and wife should pay attention to maintaining the relationship between husband and wife in their married life and avoid some problems that may lead to the breakdown of the relationship. At the same time, when encountering contradictions, we should communicate and deal with them in a timely manner to avoid the accumulation and intensification of contradictions. If the couple has already had a relationship crisis, they should seek marriage counseling or professional lawyer help in time to avoid further escalation of the conflict.
In conclusion, litigation divorce is a relatively common form of divorce, but it needs to be carefully considered when choosing whether to pursue a litigation divorce. It is best if the couple is able to resolve the issue through a divorce by mutual agreement, as it is relatively simple, quick, and inexpensive. If a divorce by mutual agreement does not solve the problem, a litigated divorce may also be an option. When proceeding with a litigated divorce, it is necessary to understand the relevant legal provisions and procedures, and at the same time, you need to pay attention to the related expenses and time costs. Finally, we should try to avoid emotional crises in order to maintain family harmony and happiness.