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What text messages will you receive when you file for divorce?
1. Do you get a text message or a subpoena first when you are sued for divorce?
The law does not stipulate that SMS notification is one of the ways of court notification now, and there is no order. When the husband and wife do not agree to divorce, or when one party resolutely disagrees to divorce and the other wants to divorce, everyone will sue the court for divorce. When the plaintiff files a lawsuit for divorce with the court, he shall submit the complaint and its corresponding copy, and relevant evidence materials, such as marriage certificate, birth certificate of children, property certificate, etc. The court will file a case after receiving the case materials. Generally speaking, the court will serve the summons, service receipt and copy of the indictment on the defendant within 5 days after filing the case. The people's court shall send a copy of the indictment to the defendant within 5 days from the date of filing the case, and the defendant shall submit a reply within 15 days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Second, after the divorce court files a case, how long can the other party receive the summons?
Generally, the divorce court will serve a summons on the defendant within 7 days after filing the case. In real life, how long it takes for the court to receive a summons after filing a case is generally controlled by the court, usually within 10 days to one month. After filing a case, the court should summon the defendant first and then notify the plaintiff. In other words, the court will call the defendant first. If the notice cannot be served by direct service, lien service, entrusted service or mail service, the court will finally serve it by announcement. The service of announcement means that the summons is served by newspaper 60 days after the date of announcement.
(1) introduction of direct delivery
Direct service refers to a way that public security and judicial organs directly serve litigation documents to the addressee. The characteristic of direct service is that the judicial organ undertaking the case will serve the litigation documents directly to the addressee without going through intermediaries or other intermediate links. According to the law, litigation documents should usually be served on the addressee himself, who should record the date of receipt and sign or seal it. If the recipient is not in person, it shall be collected by his adult family members or the person in charge of the unit where he works, and the recipient shall also record the date of collection on the receipt and sign or seal it. Public security and judicial organs should generally serve litigation documents directly. Because direct delivery is reliable, time-consuming and efficient, usually important litigation documents should be delivered in this way as much as possible.
(2) Introduction of lien service
Lien service refers to the service mode that the addressee or agent refuses to sign for the litigation documents served on him, and the addressee leaves the litigation documents at the addressee's residence according to law. The service of lien must meet certain conditions, that is, it can only be used if the addressee or agent refuses to accept the litigation documents or refuses to sign or seal them. If the recipient cannot be found and the recipient cannot be found at the same time, it can be served by lien. The procedure of lien service is that when the addressee or agent refuses to accept or refuse to sign or seal, the service personnel invite their neighbors or other witnesses to explain the situation, leave the litigation documents at their residence, record the reasons for refusal and the date of service on the service receipt, and the service is signed by the addressee. The lien service of litigation documents has the same legal effect as the direct service.
To sum up, after receiving the court summons, we should calm down, find out what the reason is, suit the remedy to the case, collect relevant evidence to refute the content of the lawsuit, take the evidence as the center, calmly deal with the trial, and attend the trial on time on the corresponding court date.
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