When is the second trial of suing for divorce?

Legal analysis: Our country's laws have no specific provisions on when to hold a court session after filing a second divorce lawsuit. In practice, within one week after filing a lawsuit, the case will be transferred from the filing court to the trial court, and it will take two to three days for the trial court to be assigned to a specific judge. The judge will usually notify the parties to collect the subpoena within one week and determine the court time. Generally, the court session will give both parties 30 days from the date of receipt of the summons, and the court session time should be set at half a month after the expiration of the proof period.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.