The first-instance ordinary procedure for divorce litigation lasts six months, and the simplified procedure lasts three months; mediation for divorce is faster, and if the court does not grant a divorce in the first instance, the next litigation may take one to two years. For cases involving foreign parties or complex property disputes, the litigation period will be even longer.
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Family legal services cover the entire process of pre-marital and marital property arrangements, divorce agreements and litigation, child custody, property division, inheritance, family property division, protection against domestic violence, and cross-border marriage-related family matters.
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The separation for more than two years does not automatically lead to divorce. Divorce requires an agreement or litigation. Separation for more than two years due to marital discord is one of the statutory grounds for divorce. If the court refuses to grant a divorce, the parties may file a lawsuit again after one year of separation.
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When the child reaches the age of two, if the parents cannot reach an agreement, the court will make a judgment based on the principle of what is most beneficial to the minor child. Taking into account the parents' ability to raise the child and the child's growth environment, the court will respect the child's true wishes if the child is over the age of eight.
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Before marriage, if the parents pay the down payment to buy a house, it will generally belong to the party who registered it after the divorce. The other party will be compensated for the joint repayment of the loan and the corresponding appreciation in value. If both parents contribute funds, the property will be divided in proportion, and the proof of the contribution must be kept.
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The presence of domestic violence does not necessarily result in the loss of custody rights, but it significantly reduces the chances of obtaining custody. The court makes its decision based on the principle of acting in the best interests of the minor children, and respects the wishes of children aged eight and above.
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If you discover that your spouse is cohabiting with someone else, you should legally secure evidence. You can divorce by agreement or litigation and request compensation for damages. Cohabitation must involve continuous and stable living together, and the party without fault should be granted a share of the assets during the divorce settlement.
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The first lawsuit for divorce does not necessarily result in a divorce judgment. The court uses the standard of whether the marital relationship has truly broken down to determine the outcome. If the court rules against the divorce and the couple subsequently live apart for one year before filing another lawsuit, the court shall legally grant the divorce upon the second lawsuit, provided that suff...
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There is no standard pricing for lawyers' fees for concealing assets during divorce. The fees are usually determined through negotiation based on the value of the assets and the difficulty of obtaining evidence. If hidden assets are discovered, the parties may request a second division of assets in accordance with Article 1092 of the Civil Code, and the statute of limitations for such requests is ...
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In most cases, it is necessary to hire a lawyer to apply for the disclosure of government information: the regulations stipulate that a response must be provided within 20 working days. If the response is overdue or not in accordance with regulations, a review can be requested within 60 days. Professional intervention can help avoid the loss of legal rights in the process.
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The six-step process of suing in civil disputes includes: preparing the complaint and evidence, determining the jurisdiction of the court, filing the case and paying the litigation fees within seven days, a 15-day response period, a court hearing, and applying for enforcement within two years after the judgment. The ordinary procedure takes six months to conclude.
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There are three compliant approaches to investigating the assets under the other party's name: searching for clues through public channels, entrusting a lawyer to inquire about registration information, and applying for preservation measures while filing a lawsuit, which will be investigated and controlled by the court; Articles 103 and 104 of the Civil Procedure Law stipulate preservation rules, ...
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If a listed company provides guarantees in violation of regulations, shareholders may first request the supervisory board or the audit committee to initiate a lawsuit. If the request is rejected or no lawsuit is initiated within 30 days, the shareholders may initiate a shareholder representative lawsuit; this is explicitly stipulated in Article 15 of the Company Law and Article 504 of the Civil Co...
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After the stock pledge is liquidated, whether the securities firm can force the position to be closed out depends on the contractually agreed upon liquidation line and the notification procedure. Articles 425, 428, and 437 of the Civil Code clearly stipulate the rules for the realization of the pledge right. If the procedure violates the rules or the price is unfair, the party concerned may claim ...
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The intermediary agency shall bear joint and several liability for compensation based on the actual losses, determined in accordance with the degree of fault and causality, and the scope of compensation shall include the loss of principal, interest, and reasonable legal defense costs; the jointly liable person may seek internal recourse, and the statute of limitations is three years.
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