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| divorce by litigation |
If you fail to come to terms on your divorce, you can appeal for the people's court, according to the related law, to decide whether you divorce or not. The main features of divorce by litigation are as follows:
(1) Time-consuming. According to Chinese law, it takes the court of first instance less than 3 months to settle simple divorce cases and 6 months for complicated foreign ones.
If the judge doesn't support your divorce application, the plaintiff
can appeal again six months later from the date on which the judgment of the first instance of a local people's court came into effect ;for foreign affairs , it takes more time due to the service of the written order. As a result of above factors, it may take months even over two years on condition that the dispute can not be easily settled.
(2) cost-consuming. In China, litigation fees for divorce include two parts, litigation fees and retaining fees. Litigation fees account for 1% of the value of the property disputed. It costs you 50 Yuan if the value of property disputed is less than 10,000 Yuan. Retaining fees are generally stable with minor differences depending on the lawyers. Usually, a foreign case costs over 1000 dollars. |
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