Insights

How long does it usually take to fight a divorce lawsuit in Ningbo?

Ningbo Author：LuXu WANG

For those who are determined to sue for divorce, the first question is often not whether they can be sentenced to divorce, but how long it will take. There is no uniform answer to this question, but the duration of the trial, the type of procedure, the complexity of the property, and the difficulty of delivery are all variables that can be estimated in advance.

What is the 1. legal hearing period?

Civil cases that apply summary procedures shall generally be concluded within 3 months from the date of filing the case; if ordinary procedures are applied, they shall generally be concluded within 6 months, and may be extended with approval under special circumstances. Most divorce cases go through summary procedures, from filing a case to getting the documents, the common interval falls between 3 and 6 months.

The time limit is calculated from the date of filing the case.

The starting point is the official filing of the case by the court, not the day when the materials are submitted. The time when incomplete materials are required to be corrected is not included in the trial limit, which is also the reason why many people feel that they have waited for a long time before the court session.

How to dismantle the time-consuming stages of the 2.

It is easier to predict the whole cycle by dividing it into four paragraphs: usually within 7 days for filing a case for examination, the service and defense period is about 15 to 30 days, the certification period and scheduling period are about 30 to 45 days, and the court session is about 15 to 60 days for sentencing. The four paragraphs add up, and the smooth case is about 3 months.

Which is the easiest to lose control?

Serve that the most uncontrollable. If the other party's address is accurate and willing to sign for it, it will take two weeks. If the address is unknown, rejected, and needs to be mailed to direct delivery and then transferred to the announcement, this paragraph alone may take two to three months. Before the prosecution, the other party's permanent address, work unit, commonly used mobile phone number approval, the most direct income.

3. what factors will lengthen the time

the variety of property types, involving company equity or off-site real estate, the need for assessment and appraisal, the need for court investigation and evidence collection, and the whereabouts of the defendant are unknown, will make the cycle significantly longer. The appraisal period is not included in the audit limit, and it is not uncommon for a property appraisal to take 2 to 3 months.

Whether the other party cooperates or not has the greatest influence

if the other party submits the lawsuit on time and approves the basic facts, the case will advance quickly. If the other party refuses to accept the documents, repeatedly applies for an extension, and lodges a counterclaim near the hearing, the time will be multiplied. Once the counterclaim is made, the procedure often has to go through again from the evidence period.

4. First and Second Prosecution

if the other party firmly disagrees at the time of the first prosecution and there is no statutory departure, the probability of the court's decision is not low. The real time cost in this case, taking into account the six-month interval between re-prosecutions after the judgment takes effect, is common for the whole to span more than one year.

Time of separation is the key variable

if the divorce is not allowed and the parties are separated for six months and sue again, the court is usually more inclined to grant the divorce. Fixing the fact of separation into evidence such as rental contracts, water and electricity payments, and proof of residence can significantly shorten the second round of disputes.

Why is it the most time-consuming to deliver 5. announcements?

If the defendant's whereabouts are indeed unknown and public announcement is required, the announcement period itself will take up a considerable period of time, and the announcement period will not be included in the trial limit. The announcement of responding to the lawsuit and the announcement of the judgment often go through each round. It is not uncommon for such cases to be close to or even more than one year from the filing of the case to the judgment.

6. how to make the process go faster

before the lawsuit, the identity certificate, marriage certificate, real estate and account clues, and the defendant's service address can be prepared at one time, which can save a lot of time for correction. The litigation request should be as clear and specific as possible to avoid repeated changes after the hearing. Agree to mediate the part that is not controversial and focus on the real focus of the dispute.

First divert the focus of controversy

separating undisputed matters from disputed matters allows judges to focus quickly. The more concentrated the competition, the fewer the number of court sessions, and the more time-consuming aspects such as assessment and appraisal are limited to the necessary range.

7. case proof

in practice, a divorce case with a simple property structure and both parties arriving in court on time is subject to summary procedures. About 3 months after the case is filed, the case is settled through mediation and the documents are signed in court.

In practice, another case involved real estate appraisal and equity value determination. Two appraisals were initiated successively. The appraisal period was not included in the trial limit. The overall trial time was about 11 months and the appraisal cost was nearly 20000 yuan.

In practice, cases where the defendant's long-term whereabouts are unknown have been announced in response to the lawsuit and the judgment. The two rounds of announcements take a total of about 6 months, and it takes about 14 months from the filing of the case to the effective date of the judgment.

8. Risk Alert

  • it is thought that the trial limit will begin on the day of submission of materials, and the actual date of formal filing shall prevail.
  • Inadequate preparation of evidence led to repeated correction, taking time before filing a case.
  • The whereabouts of the other party were unknown but the inquiry materials required for the announcement were not prepared in advance.
  • The time taken to underestimate the appraisal is not included in the review limit.
  • The expectations for the first prosecution were too high and no evidence was planned for a second round six months later.
  • The delivery address is arbitrarily filled in, resulting in the return of the document for re-delivery.

9. FAQ

how long can divorce cases be completed?

The summary procedure is usually within 3 months, and the ordinary procedure is usually within 6 months. In special circumstances, it can be extended according to law.

Why did my case drag on for more than six months?

Most of them are caused by appraisal, public announcement or non-cooperation of the other party, and some of these periods are not included in the audit limit.

How long will it take to wait for the first sentence before prosecuting?

If there is no new situation or reason, the prosecution shall be carried out six months after the judgment takes effect, which often spans more than one year as a whole.

How to make the case go faster?

Before the prosecution, the identity materials, property clues and delivery address shall be prepared at one time to reduce the links of correction and investigation.

Practical Experience of 10. Lawyers

if you want to estimate the time, you can't just ask a total number of days, but take the process apart. There is a general interval for filing a case for review, delivery of defense, scheduling of proof, and hearing to pronouncement. Simple cases usually can get documents within a few months, and complex and foreign-related cases will be obviously lengthened. What is really uncontrollable is the delivery: the other party's address is accurate, the other party is willing to sign for it quickly, the whereabouts are unknown, and the repeated rejection may take a long time. Therefore, it is the most direct step to save time to verify the other party's permanent address, work unit and contact information before prosecution.

Judging from the actual situation of local family trials, a considerable number of divorce cases are not adjudicated all the way to the end, and the proportion of cases closed through mediation or withdrawal is not low, and mediation is often faster than judgment. If the two parties do not have much difference on the divorce itself, but only have disputes on individual property or support issues, taking mediation as a priority and using court mediation to fix the result will be faster and more labor-saving than holding on to the judgment. If you want to be quick, you should also take the initiative to cooperate with the court's procedural arrangements, hand in evidence in time and arrive in court on time. Don't waste your time by filling in materials and applying for an extension.

It is also necessary to set aside expectations for "first non-departure. If the first instance does not adjudicate, it is usually necessary to wait until the interval expires before the lawsuit can be filed again, and the overall time may double. Instead of waiting passively, it is better to arrange in advance: while continuing to fix the evidence of separation and emotional breakdown, add chips for the next prosecution; While putting the words to the negotiating table, exchange a clear plan for the other party to settle the matter at one time. Corresponding the time point of each stage to your own actions will reduce anxiety and make the rhythm easier to grasp. Finish each step in advance that you can control, and leave the rest to the program.