Marriage disputes and divorce proceedings
Marriage disputes referred to the contradictions and disputes that occurred in the marriage relationship. These disputes might involve many aspects, such as the relationship between husband and wife, the distribution of property, and the upbringing of children. When a marriage dispute could not be resolved through negotiation, it could lead to divorce proceedings. Divorce proceedings were a lawsuit filed by one party to the marriage to the people's court to dissolve the marriage relationship with the other party. First of all, the court of appeal had to be determined, which was usually under the jurisdiction of the people's court where the defendant was located. Then, they needed to collect evidence from various aspects, including the identity of both parties, the breakdown of their relationship, the couple's property, the custody of their children, and the other party's fault. Then, he prepared the case filing materials. Usually, he needed three divorce complaints, as well as a copy of the original defendant's ID card, marriage certificate, and other evidence. You can choose to file a case online or directly go to the court to file a case. After the case is filed, you have to pay the legal fees, and then wait for the court to inform you of mediation and court session. The original evidence must be brought to the court session. If there is a lawyer who can collect evidence under his guidance, such as evidence of joint property of the husband and wife, evidence of the other party's fault, etc., the lawyer can also apply for an investigation order to check the other party's bank account. If you don't have a lawyer, you can refer to the relevant information to understand how to deal with the trial. After the trial, you have to carefully check the trial record. If there are any mistakes, you can ask for a change and then wait for the judgment. The outcome of a divorce lawsuit was that the plaintiff withdrew the lawsuit, reached a mediation, and made a judgment. The people's court may, in accordance with the law, make a mediation document or a divorce judgment. Once the mediation document is served, it will take legal effect, and the marriage relationship between the parties shall be terminated according to law. The judgment of the first instance approving the divorce shall take legal effect 15 days after the date of service, and the marriage relationship shall be dissolved according to law from the date of the judgment taking effect. If the parties are not satisfied with the judgment of the first instance, they shall appeal to the people's court at the next higher level within 15 days from the date of receiving the divorce judgment. In a divorce lawsuit, the lawsuit fees were generally paid by the plaintiff in advance and borne by the losing party. Divorce cases were paid 50 to 300 yuan per case. If the division of property was involved and the total amount of property did not exceed 200,000 yuan, no additional payment would be made. The part exceeding 200,000 yuan would be paid at 0.5%. In addition, there were certain requirements for the main body to file a divorce lawsuit, such as being one of the parties to the marriage relationship, having a legal marital relationship with the defendant, having full capacity for civil conduct, and also submitting a divorce complaint and a copy to the people's court, a list of the husband and wife's common property, a marriage certificate or a certificate of marital relationship that could prove the legal marital relationship, and submitting a complaint to the people's court with jurisdiction. At the same time, there were some special rules. For example, if the spouse of an active soldier wanted a divorce, he had to get the consent of the soldier (unless the soldier had made a major mistake). During the period of pregnancy, childbirth, within one year after childbirth, or within six months of termination of pregnancy, the husband could not file for divorce (unless the wife filed for divorce or the court deemed it necessary to accept the husband's request for divorce). In the process of dealing with marriage disputes and divorce lawsuits, it is also very important to mediate disputes through multiple links. For example, the grass-roots management units should strengthen the investigation of marriage and family disputes and establish a risk investigation and early warning mechanism. When bad behaviors such as domestic violence occur, relevant departments should timely communicate with each other and work together to resolve them. We should strengthen the laws and regulations on marriage and family affairs and the publicity and education of good family conduct, advocate the correct concept of marriage and family, and provide relief and assistance to special situations such as sons-in-law who have difficulties in life when solving divorce problems. Click on the link below to read the comic "After Divorce, My Ex-Husband Became My Loyal Dog"
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