According to this time limit, if you sue twice to achieve the ultimate goal of divorce, it will take about one year. In foreign-related divorce proceedings, because the procedure is complicated, if the other party deliberately delays, the time will be longer.
If one spouse requests a divorce, the relevant organization can mediate. If the other party does not agree to mediation, the party who does not agree to mediation may directly file a divorce lawsuit with the people's court. If the conditions for divorce are met, the people's court shall support the divorce request.
In divorce proceedings, if the court fails to mediate, the divorce shall be granted as follows:
1, bigamy or cohabitation with others;
2, the implementation of domestic violence or abuse, abandonment of family members;
3. Bad hobbies such as gambling and drug abuse;
4. Separated for two years due to emotional disharmony;
5. Other circumstances leading to the breakdown of the relationship between husband and wife.
6. If one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted.
7, the people's court ruled that divorce is not allowed, the two sides separated for one year, and one party filed a divorce lawsuit again, it should be allowed to divorce.
In the first divorce proceedings, if one party does not agree, there is no case that divorce should be granted by law, and it is more likely that the court will decide not to divorce. There are no new circumstances and new reasons, and it will take at least six months for the plaintiff to sue again. Counting the trial period of the first lawsuit and the second lawsuit, it may take more than one year to finally achieve the purpose of divorce.
1. Generally, one spouse requests a divorce for more than one year, but the other spouse strongly disagrees with the divorce, and there is no legal situation that divorce should be allowed.
If there are no legal circumstances such as abuse, abandonment, serious domestic violence, cohabitation of one party with others or bigamy, the general court will not judge divorce.
Ordinary beatings, adultery and even whoring may not necessarily dissolve the relationship between husband and wife in the first divorce proceedings. It is of little significance to file an appeal at this time, and the court of second instance basically upheld the judgment of the court of first instance. It takes several months from filing an appeal to an appeal judgment, which is not good for the party eager for divorce.
So if one party does not agree to divorce, it may have to go through two lawsuits. In other words, after the judgment of the first divorce lawsuit is inseparable, the plaintiff can only file a second divorce six months after the judgment takes effect, and new situations and new reasons are not limited by this time limit. When the divorce proceedings are filed for the second time, the court will basically decide divorce. If there are no announcements and other events, the whole process will take at least one year.
2. Both parties agree to divorce. If they have different opinions on issues such as property division and child support, it will take at least 3 to 6 months.
If you refuse to accept the court's judgment (mediation) after the divorce judgment of first instance, you may appeal to the intermediate people's court within fifteen days (ten days) from the date of receiving the judgment (mediation). If no appeal is made within the time limit, the judgment (mediation) will take effect. If you don't appeal in time, after the judgment (mediation) takes effect, the parties can't apply for a retrial on divorce or not, but only on property division and child support.
When suing a divorce case, the plaintiff shall submit a complaint and a copy to the people's court. The complaint includes the following contents: 1, the names, gender, age, place of origin, work unit and current address of the plaintiff and defendant. 2, the request and the facts and reasons on which it is based. 3. Evidence and sources, names and addresses of witnesses.
The people's court decided to accept the case and the divorce proceedings began immediately.
Contents to be stated in divorce proceedings:
1. The names, gender, age, nationality, occupation, place of origin, work unit and address of the plaintiff and defendant shall be stated. If there is an agent ad litem, the name, occupation, address, work unit, agency scope and relationship with the plaintiff shall also be stated.
2. Mainly state the marital status, reasons for divorce and litigation request.
(1) The marital status should indicate when to get married and where to register; How to get to know each other, whether it is free love or introduction, or arranged marriage, first marriage or remarriage; Whether there are children after marriage, age and other information; Whether to separate now, how long to separate, etc.
(2) The reasons for divorce should be clearly stated: what is the basis of marriage, whether it is good or bad or general; How do you feel after marriage? Whether there are frequent quarrels and fights, the main reasons and processes of quarrels and fights, and the defendant's current attitude; Whether it has been mediated by both units or grassroots organizations such as neighborhood committees, and what is the mediation effect; Have you ever been to court before? The court will handle the result. If it is a divorce case caused by the intervention of a third party, the prosecution must produce evidence, the name and address of the witness. In short, in this part, we should put forward sufficient reasons for divorce.
(3) The litigation request part should state his attitude towards divorce, how to raise children after divorce, how to bear alimony and how to dispose of family property.
3, indicate the name of the people's court at the time of prosecution, the plaintiff's signature or seal, and the time of prosecution.