Does the flow that sues a divorce the 2nd times need how long?

We know, the divorce is not a bagatelle, it involves the belongings issue of both sides of husband and wife, and of the child raise authority question, accordingly, when the divorce is being sued for the first time likely, the court is not allowed, with respect to need at that time the applicant undertakes the 2nd times prosecution, sue a divorce the 2nd times is specific flow what kind of? Rong Hao of office of Guangdong letter wide attorney's lawyer is analytic.

Sue a divorce the 2nd times specific flow

Accuser sues level:

1, accuser hands over indictment, carbon and relevant evidential; to the court

2, the document that the court submits to accuser, material undertakes checkup, make whether the decision of put on record, the tells not to grant to accept reason of reject a complaint.

The accused rejoins level:

1, the accused of inside 5 days accuser indictment carbon service since the day of forensic put on record, inform the accused to make written rejoin;

2, since the day of the indictment copy that the accused receives forensic service oneself make inside 15 days written rejoin, of course the accused need not rejoin, the accused needs to lengthen rejoin period apply for to the court.

Open a court session tries level: Basically be sessional cognizance, divorce suit accuser ought to show up, if sessional the accused is less than, meeting delay is sessional. Sessional moment, both sides undertakes argue and be elaboratinged to referred evidence and fact.

Rong Hao's lawyer is compensatory:

The flow that sues a divorce the 2nd times needs how long

" code of civil law of People's Republic of China " the 111st the 7th specific provision, "The court decision forbids to divorce and mediate the divorce case of become reconciled, the case that court decision, mediation manages, without new case, new ground, accuser sues again inside 6 months, do not grant to accept. " that is to say, the court decision forbids the divorce case of the divorce, the prosecution of accuser of forensic reject a complaint inside 6 months is principle regulation, but still have exception, if appeared to be in,is occurrence circumstance in process of divorce case cognizance last time, enough affects feeling of pair of husband and wife whether cracked maintains, accuser all has the right to sue.

To the cognizance of marital case, also need proper time. Normally first instance deadline needs 3 months according to simple and easy program, pressing average order to calculate time is 6 months, 2 careful deadline is 3 months, close case of a divorce from A to Z little criterion 3 months, many 9 months.

If the divorce puts forward to adjudicate the circumstance that forbids a divorce falls in first time, so the 2nd to lodge a complaint, our country code of civil law sets, want to just can mention the 2nd times after 6 months lawsuit. According to this deadline computation, if sue ability twice to achieve final divorce goal, from the computation on time, about the same altogether should arrive one year two years or so partly. This still does not include marriage of concerning foreign affairs or foreign nationals and other one party on purpose protracted circumstance.

When sueing a divorce to the court, should submit the following certificate and data:

1, marriage certificate original and photocopy 2

2, Id original and photocopy 2

3, indictment

Request of fundamental condition, lawsuit, fact mixes the capacity that the indictment should include accuser, defendant the content such as reason.

4, 1 inch of photographs a piece