How long can Ningbo sue for divorce again after it is sentenced not to leave?

The first prosecution was sentenced not to leave, and many people were in a hurry to sue again, but they were stopped again. The law has a calm interval for "re-prosecution", but it is not a long way off.

Interval after 1. judgment

after the divorce is not allowed, if there is no new situation or new reason, and the plaintiff sues again within six months, the court will generally not accept it. This is the interval rule to prevent repeated wraparound. The law gives both parties a cooling-off period to avoid repeated prosecutions as soon as a verdict does not leave, which wastes judicial resources and consumes both parties.

The limitation is the plaintiff.

The six-month limit is primarily for the right of the plaintiff to sue. If the defendant sues or new circumstances and new reasons arise, this strict restriction is not imposed. The limitation of the plaintiff does not mean that the defendant is also limited. This is a symmetrical surface that many people ignore. The rights of the defendant are not restricted in this half year. With this understanding, the plaintiff will not run the court for nothing, and the defendant will not miss the opportunity because he is stuck.

2. six-month limit

such six months shall be counted from the commencement of the judgement. During this period, the plaintiff has no new circumstances and new reasons to sue again, and the court usually decides not to accept it, and the expiration period is required. After less than six months of hard litigation, most of them were ruled to be rejected, and they wasted their efforts and delayed their business.

The starting point is the effective date.

Note that it is the date on which the sentence takes effect and not the date on which it is pronounced. If there is no appeal, it shall take effect after the appeal period; if there is an appeal, it shall be counted from the effective date of the second instance. If the judgment date is mistaken as the starting point, it is easy to make a mistake and make a trip for nothing. The period should be based on the effective date specified in the legal document.

3. six months later again v.

After six months, the plaintiff sued for divorce again, and the court should accept it. In practice, the likelihood of a sentence is usually increased if the sentence is not completed for six months and then prosecuted. Time itself is not a reason for divorce, but with the evidence of separation, the persuasion is obviously enhanced, and the judge is more inclined to believe that the relationship has indeed broken down.

1. Don't wait to be prepared.

During the waiting period, we should continue to collect evidence such as emotional breakdown and separation, so as to make another prosecution more confident, rather than simply waiting for time. Just wait for six months, the evidence is not filled, the second time may still be sentenced, the cooling off period cannot become a "lying flat period".

2. Acceptance does not mean compulsory divorce.

The court will accept the case after six months, but acceptance does not necessarily mean a divorce. The judge still has to examine whether the feelings have indeed broken down, and only if the evidence is sufficient will he be sentenced to leave. It is a mistake to regard six months as "automatic judgment offline". Physical evidence is the key. Don't think that you will win until the end of the day, and you may still not be able to leave the second time.

4. new situations and new reasons

if there are new situations and new reasons such as domestic violence, separation, bigamy and so on within six months, they can be prosecuted in time without the six-month restriction, and they are not bound by empty waiting. The new situation has opened the door to "breaking the limit", and the key is that the evidence is strong enough to prove that there is indeed a new deterioration in the relationship.

Reproof of the breakdown of 5. feelings

the key to whether the second prosecution can be divorced is not whether the time is up, but whether it can strengthen the evidence that the relationship has indeed broken down. If the parties are separated for a certain period of time after the divorce is denied, the court usually tends to grant the divorce, so it is particularly important to fix the fact of separation into verifiable materials. Time is only the background, the evidence is the protagonist.

How is separation evidence fixed?

The contract for renting another house, the rent flow, the water and electricity payment record, the statement issued by the neighborhood committee or the property, and the confirmation of the separation status in the communication between the two parties are all available materials. Oral statements alone are hard to be accepted. The more solid the material, the smoother the second sentence. Don't expect empty talk about separation. In Ningbo, the community grid governance is more mature, can reflect the separation situation to the community or property of the residence and keep a written record, and the rental contract, water and electricity bills to confirm each other.

6. the defendant's initiative to sue without restriction

the six-month limit is only for the plaintiff. If the defendant wants to divorce, he is not bound by the time limit and can sue at any time. In practice, it is not uncommon for the plaintiff to hesitate to wait and see after being sentenced, but for the defendant to sue first and take the initiative in the procedure. After being said goodbye, I felt that I was "limited to six months". I would leave if I had to. The path was also open to me and I didn't have to accompany the plaintiff.

Who prosecutes first has its own choice.

Although the defendant's initiative to prosecute is not limited, it is also necessary to prove that the relationship has broken down and is not automatically sentenced because of his identity. The advantage of first prosecution lies in the rhythm of the procedure and the choice of jurisdiction, and the entity still looks at the evidence. Don't misunderstand "unrestricted" as "it can be done", the burden of proof is no less.

7. case proof

in practice, if the plaintiff has no new reason to sue again less than six months after the judgment, the court ruled that it would not accept it and told it to sue again after the expiration of the period (six months).

In practice, the plaintiff sued again and reinforced the evidence of separation (rental contract and rent flow, separation for about 8 months) after the sentence of not leaving for six months. The court found that the relationship broke down and the divorce was decided.

In practice, the man has a new situation of domestic violence (the woman called the police twice) after the judgment is not allowed to leave. The woman sued in time based on the alarm record without the six-month limit. The court sentenced him to leave and dealt with the custody together.

According to the divorce dispute between Yin and Guan in Ningbo court, the two sides have been separated for a long time, but due to the lack of effective evidence of "emotional discord and separation for two years", the court ruled that divorce is not allowed-insufficient evidence of separation is a common reason for not leaving the case, and it is particularly important to strengthen the evidence before the case.

8. Risk Alert

• if you don't leave, you'll be stopped immediately.
• Miscalculated the starting point for six months.
• Empty waiting for no evidence.
• The defendant is also under the mistaken impression.
• Ignoring the new situation can break the limit.
• False belief that the defendant will be sentenced to leave the prosecution.

9. FAQ

how long can I sue again if I can't leave?

If there are no new circumstances or reasons, the plaintiff must wait for the judgment to become effective for six months.

How about six months?

Counting from the date of entry into force of the judgment, not the date of pronouncement.

Is the defendant restricted?

The restriction is primarily directed at the plaintiff; the defendant's suit or new circumstances may be exempted from this restriction.

Is there any new situation in advance?

Can. New grounds such as domestic violence and separation can be prosecuted in a timely manner without the six-month limit.

Practical Experience of 10. Lawyers

for the first time, many people were in a hurry to sue again, but they were stopped outside the door. If there is no new situation or new reason, and the plaintiff sues again within six months after the judgment takes effect, the court will generally not accept it. There are two places that are prone to mistakes: first, six months start from the effective date of the judgment, not the day when the judgment is pronounced, and the appeal starts from the effective date of the second instance; Second, this restriction is mainly aimed at the plaintiff, the defendant suing or the emergence of new situations and new reasons, and is not bound by this half a year. If you distinguish the starting point from the main body, you won't make a trip for nothing.

The six months of waiting should not be just waiting, but should be used to prepare for war. Continue to fix the facts and time of separation, keep the expenses of independent living, rental contracts, and records of contacts; Complete the evidence that the other party is pressuring, refusing to communicate, and the relationship is indeed broken. When the interval expires, return to the court with more complete evidence, and the possibility of a relationship breakdown is usually higher than the first time. Time itself is not a reason for a divorce, but with evidence of separation, the persuasion will be significantly enhanced. If you make full use of the waiting time, the second prosecution will be more confident.

If the other party doesn't want to leave at all and is just dragging on, it doesn't have to passively stay up for half a year. You can take the initiative to talk, put the conditions on the table, and exchange a clear property and upbringing plan for the other party to settle the matter at one time, which is often faster than another lawsuit. If the other party continues to delay, it will maintain the state of separation, keep the evidence well, and use the re-prosecution after the interval expires to form pressure. What should be reminded is not to deliberately intensify conflicts in order to create "new situations", let alone obtain evidence in the form of conflicts and harassment.