The home is the interior harbour of everybody. But still be meeting occurrence crack occasionally. Can appear at that time various reasons, with respect to meeting divorce. But the divorce can involve property or each problem such as the child. Accordingly, when one party does not agree to divorce, other one party can choose to appeal. A lot of people know appeal can look for a court to solve. So how should a:appellant divorce flow go? Ding Huijuan of office of attorney of Jiangsu cleanse blame's lawyer is analytic.
How does flow of divorce be prosecutioned go
Mention divorce suit adjudicates become effective to the divorce, should experience 3 to need classics phase.
1, sue level
This one phase includes the following 3 programs:
(1) accuser presents indictment, carbon and relevant evidence to people court;
(2) the file that people court accepts accuser to refer, material, undertake checkup;
(3) sue regulation of be good law, requirement via examining, make accept a decision and put on record, conversely criterion file of go back accuser and material, the does not grant to accept reason that tells.
2, rejoin level
(1) the accused of inside 5 days accuser indictment carbon service since the day of put on record of people court decision, inform the accused to make written rejoin;
(2) since the day of the indictment copy that the accused receives people court service oneself make inside 15 days written rejoin.
The accused does not put forward to rejoin inside 15 days, people court as usual hears a case and enter a judgement.
If the accused is because of be not the reason of individual volition truly inside 15 days,cannot make rejoin, can occupy solid apply for to people court, the request adjourns, people court dean can make the decision of delay.
3, sessional cognizance phase
This one phase enters the materiality phase of divorce suit, basically be to examine evidence, prove details of a case, distinguish wrong and right, the right that confirms party, compulsory. It includes the following programs:
(1) judicial investigation;
(2) the court argues;
(3) the judge chairs mediation;
(4) mediate invalid, court decision.
Divorce suit ends, but if refuse to obey,the court adjudicates (mediation) , can be in receive report (intercessory book) sun rises 15 days (10 days) court of indrawn and intermediate people mentions appeal, exceed the time limit does not mention appeal, court decision (mediate) student effect. The divorce of opposite effect adjudicates (mediation) disaffected, press the regulation of the code of civil law, party cannot apply for rehear, the worth that can concern only is broken up and children tends the problem applies for rehear.
Law of general of Ding Huijuan's attorney:
The legal laws and regulations of the divorce
Thirtieth both sides of a men and women divorces of one's own accord, allow divorces. Both sides must register mechanism to sue for divorce to marriage. Marriage registers mechanism to find out both sides is freewill really when already having proper processing to children and belongings problem, issue a divorce card.
Thirtieth one party of 2 men and womens asks to divorce, can be undertaken intercessory by concerned branch or offer divorce suit to courtyard of person civil code directly.
People court hears divorce case, ought to undertake intercessory; Be like feeling truly already burst, mediation is invalid, should allow divorces.
Have one of following state, mediation is invalid, should allow divorces:
(one) bigamous or the person that have a mate and other live together;
(2) executive family force or mistreat, of abandon family member;
(3) have the abuse refuse to mend one's ways despite of repeated admonition such as gamble, drug taking;
(4) because emotional disaccord lives apart full 2 years;
(5) other cause case of cracked of feeling of husband and wife.
One party is missing by declare, other one party offers divorce suit, should allow divorces.
Sue the condition of the divorce
1, marriage certificate of posses of party both sides.
2, sue a divorce mention, must be the one party party that marriage concerns, other any the 3rd average per capita is not sued so that put forward in order to sue the identity of party, for instance their children or parents must not is opposite with his name husband or wife mention the divorce is sued.
3, mention the one party that sues a divorce, must have complete civil action capacity, the person that does not have capacity of completely civil action cannot mention sue a divorce.
Ding Huijuan's lawyer, have legal major knowledge and rich working experience, have strength mixes stronger written language to convey and communicate ability, have stronger judgement capability and logistic analysis capacity. Way of breakthrough additional monarch is sought in be good at a few words that communicating with party, always can discover the main contradiction of dispute and contradictory main field quickly, just do not flow at processing case itself of the surface, it is the interest consider of party truly, master the demand of party from overall situation, make the increase of party the biggest change. Handled case of many criminal, civil, economy, obtained favorable social result, won numerous interested parties to depend on with recognition, produced better effect socially. Upright and outspoken not the disposition that integrity of A, humanness is her; Heart of attentive and audacious, responsibility is strong the moral character that is him; Knowledge is broad and profound, seasoned the advantage that make.
