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Can't a lawyer sue for divorce?
First, divorce proceedings, the cost of asking a lawyer is in our fourth-tier small county, and the cost of asking a lawyer to fight a divorce lawsuit is more than 3,000 yuan. Nowadays, divorce lawsuits are usually filed two or three times, and it is estimated that it will take seven or eight thousand to get a divorce judgment. For wage earners and migrant workers, this cost is generally not small. Moreover, divorce proceedings require the parties to the marriage to be present in person, and they cannot completely entrust a lawyer, regardless of whether they ask or not.
Second, some lawsuits still require lawyers. For divorce cases with complex legal relationship, involving large property value, multi-party evidence collection and demanding compensation from the other party, it is best to ask a lawyer for help. After all, lawyers are litigation professionals. If family life is difficult, you can also issue letters of introduction in grassroots organizations and apply for free lawyer help in local legal aid.
Third, how to fight a divorce lawsuit? For those cases with simple legal relationship, the divorce is mainly decided by the court, and the parties can handle it by themselves. Next, I will give you a brief introduction on how to fight a divorce lawsuit.
1, first use your mobile phone to shoot the reverse side of your ID card, indictment, written evidence, etc. , and stored in the form of photos in the mobile phone. Hold the phone steady when shooting and take a clear picture. Because the judge has to read these materials and print them out for the defendant.
2. Put a case on your mobile phone. During the epidemic, some courts no longer accept cases face to face and require online filing. The parties can search for "mobile micro-court" on a letter of the mobile phone, fill in the relevant information according to the prompts, and will also prompt how to write an indictment and complete the relevant filing. It can also be processed on the computer. No, you can also file a case on Baidu search.
3. Pay online. After receiving the online filing information, the court will conduct a review to see if it meets the filing conditions. Those who meet the conditions for filing a case will be notified to pay online. If the conditions for filing a case are not met, the court will prompt you to add any information.
4. Steps of court session. At the hearing, the judge will first confirm the identity of both parties, and then let both parties talk about the reasons for wanting to divorce and not wanting to divorce. Next, the judge will ask both sides some questions, that is, court investigation. In the end, the two sides still have something to say, so just say it. Then there is an adjournment, waiting for the verdict. For the trial, the parties do not understand and need not be nervous, and the judge will promptly remind and explain the relevant regulations.
5. If the divorce is not decided in the first instance, you can continue to sue according to the above steps after half a year. If there is no divorce in the first instance, there will be no divorce, and the court of second instance will not change the judgment in this case. The steps of the third prosecution and the fourth prosecution are the same. As long as the court does not decide divorce, the party who wants to divorce will continue to sue. As far as the current situation is concerned, as long as the other party is not too guilty to cause emotional breakdown, it is generally necessary to sue two or three times. Why should the Civil Code set a cooling-off period? It is to reduce the number of divorce cases, so now the court will not easily decide divorce.
Legal basis: Article 49 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement.
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