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离婚需要多久

发布时间:2019-01-03 13:42
离婚需要多久
 
How long does divorce take?
 
 
 
离婚程序之离婚需要多久,现代社会时间最宝贵,那么离婚需要多久呢?我国婚姻法第二条规定:“实行婚姻自由、一夫一妻、男女平等的婚姻制度。”这条法律所规定的婚姻自由制度包含结婚自由和离婚自由,目前结婚非常方便快捷,大家充分体会到了结婚自由的优势,但是离婚却远远没有结婚办得如此快捷,很多时候,离婚如同一场旷日持久的战争,当事人大量的财力、精力损耗在离婚上。
 
How long does divorce take in divorce procedure and the most precious time in modern society? How long does divorce take? Article 2 of China's Marriage Law stipulates that "the marriage system of freedom of marriage, monogamy and equality between men and women shall be implemented." The freedom of marriage system stipulated by this Law includes freedom of marriage and divorce. At present, marriage is very convenient and fast. Everyone fully appreciates the advantages of freedom of marriage, but divorce is far less rapid than marriage. In many cases, divorce is like a protracted war, and a lot of financial resources and energy of the parties are wasted on divorce.
 
 
 
一、 协议离婚
 
I. Agreement Divorce
 
 
 
协议离婚是最快的离婚方式,如果双方协商完毕,双方携带结婚证、身份证、户口簿到婚姻登记处办理离婚登记往往在半小时内全部搞定。专业的婚姻律师接受委托后,从来不会直接向法院起诉,而是促成双方当事人协议离婚。直接起诉有很多弊端,不仅要花费较多的时间和财力,诉讼本身的风险也是重要的因素,第一次起诉离婚,没有特殊情况一般法院很难直接做出离婚判决,往往会给双方一次缓和的机会。
 
Agreed divorce is the quickest way to divorce. If the two parties have finished negotiation, they will bring their marriage certificate, ID card and household registration book to the marriage registration office for divorce registration, which is usually completed in half an hour. Professional marital lawyers, after accepting the entrustment, never directly bring a lawsuit to the court, but promote the parties to divorce by agreement. Direct prosecution has many drawbacks, not only costs more time and financial resources, but also the risk of the litigation itself is an important factor. The first prosecution of divorce, without special circumstances, it is difficult for ordinary courts to directly make a divorce judgment, often giving both parties a chance to ease.
 
 
 
因此,我们代理案件后,首先就个案进行分析,并制定案件处理步骤和方法,分析完成后与对方进行联系,在近3年内,律师与对方要求见面极少被直接回绝,大部分案件在诉讼之前(如果无法协议离婚)均能与对方当事人见面并有效沟通。
 
Therefore, after we act for the case, we first analyze the case and formulate the steps and methods of handling the case. After the analysis, we contact the other party. In the past three years, the request of lawyers and the other party to meet is rarely directly rejected. Most cases can meet and communicate with the other party before litigation (if no divorce agreement can be reached).
 
 
 
一般律师出面与对方当事人进行协议离婚的时间是半个月至一个月,律师出面协商本身就意味着如果不能协议离婚,必然要走上法庭,所以很多当事人对律师是认真对待的,能够比较诚恳地协商问题。当然,如果双方差距过大无法协议离婚,诉讼是最终的解决手段。
 
Generally, the time for a lawyer to come forward for divorce by agreement with the other party is half a month to one month. The lawyer's consultation itself means that if the divorce can not be agreed upon, he must go to court. Therefore, many parties take lawyers seriously and can negotiate issues in a more sincere way. Of course, if the gap between the two parties is too big to agree on divorce, litigation is the ultimate solution.
 
 
 
所需时间:7天-30天左右。
 
Time required: 7 to 30 days or so.
 
 
 
二、 诉讼离婚
 
2. Litigation Divorce
 
 
 
双方无法协议离婚时,一方必然会向法院提起离婚诉讼,法院审理离婚案件一般均采取简易程序审理,即在基层法院并由一位法院独任审理,根据我国民事诉讼法的相关规定,起诉到法院做出判决应当在三个月以内完成。
 
When both parties can not agree to divorce, one party will inevitably bring a divorce lawsuit to the court. The courts generally adopt summary procedure to hear divorce cases. That is to say, the grass-roots courts and a single court will hear the divorce cases. According to the relevant provisions of China's Civil Procedure Law, the prosecution to the court to make a judgment should be completed within three months.
 
 
 
实际情况是南京市各法院,起诉后至开庭一般在20-30天左右,如果开庭时被告坚决不同意离婚,则法院会在开庭后半个月左右的时间做出判决。在判决半年后,原告可以选择第二次诉讼,南京市的各法院现在审理离婚案件采用“首审负责制”,即第一次处理离婚案件的法官,第二次仍由该法官负责处理,由于有第一次诉讼的经历,法官处理第二次诉讼离婚的速度较快,一般在一个月内会审理终结。
 
The actual situation is that the courts in Nanjing usually hold a court session for about 20-30 days after the prosecution. If the defendant resolutely disagrees with the divorce at the hearing, the court will make a judgment about half a month after the hearing. Six months after the judgment, the plaintiff can choose the second lawsuit. The courts in Nanjing now adopt the "first instance responsibility system" in divorce cases, that is, the judge who handles divorce cases for the first time and the judge who handles divorce cases for the second time. Because of the experience of the first lawsuit, the judge handles divorce in the second lawsuit more quickly and usually finishes the trial within one month.
 
 
 
所需时间:第一次诉讼:60天。半年后第二次诉讼:30天。两次诉讼合计9个月左右。
 
Time required: First lawsuit: 60 days. Six months later, the second lawsuit: 30 days. The two lawsuits totaled about nine months.
 
 
 
三、 特殊诉讼离婚
 
3. Divorce in Special Litigation
 
 
 
有一种协议离婚需要法院判决方能解决,在我们接手的多起涉外离婚中,双方已经就离婚以及财产分割、子女抚养达成一致意见,但是一方在国外无法回国亲自办理离婚手续,由于婚姻登记必须要双方当事人均到场亲自办理,在一方无法回国的情况下,国外一方可以委托律师向法院起诉,对方到法院应诉后同意离婚,这种情况下,法院处理起来一般非常快。
 
There is an agreement that divorce can only be settled by court judgment. In many foreign-related divorces we have taken over, the two parties have reached agreement on divorce, property division and child support. However, one party can not go home to handle the divorce formalities in person, because the marriage registration must be done by both parties in person. If one party can not go home, the other party can. By entrusting a lawyer to bring a lawsuit to the court, the other party agrees to divorce after the court responds to the lawsuit. In this case, the court usually handles it very quickly.
 
 
 
所需时间为:办理外交认证:5天;办理邮寄手续:7天;法院判决:15天。合计:30天左右。
 
The time required is: 5 days for diplomacy certification; 7 days for mailing; 15 days for court judgment. Total: 30 days or so.
 
 
 
律师解答:
 
Lawyer answers:
 
 
 
离婚需要哪些条件
 
What Conditions Need for Divorce
 
 
 
1、感情确已破裂是诉讼离婚的法定条件
 
1. The breakdown of feeling is the legal condition for divorce in lawsuit.
 
 
 
《婚姻法》第32条第2款规定:“如感情确已破裂,调解无效,应准予离婚。”这一规定将“夫妻感情确已破裂”作为我国离婚制度中判决离婚的法定理由,这也是人民法院处理离婚纠纷决定是否准予离婚的基本原则。感情确已破裂是客观存在的事实,是准予或不准予离婚的法定条件,是判决离婚的实质要件;一般说来,调解无效是感情确已破裂的结果。但许多年审判实践证明,在有些离婚案件中,调解无效并不一定表明夫妻感情确已破裂,不能简单地把调解无效作为夫妻感情确已破裂的根据。《婚姻法》规定的法定离婚条件有两层含义:一是如果感情确已破裂,调解无效应当准予离婚;二是如果夫妻感情没有破裂或者尚未完全破裂,即使调解无效,也不应准予离婚。因此,人民法院判决离婚的法定条件只能是“夫妻感情确已破裂”。
 
Article 32, paragraph 2, of the Marriage Law stipulates that: "If the relationship has indeed broken down and the mediation is invalid, divorce shall be granted." This provision regards "the relationship between husband and wife has indeed broken down" as the legal reason for divorce judgment in our divorce system, which is also the basic principle for people's courts to decide whether to grant divorce in dealing with divorce disputes. It is an objective fact that feelings have indeed broken down, a legal condition for granting or disallowing divorce, and a substantive requirement for judging divorce. Generally speaking, the invalidity of mediation is the result of feelings that have indeed broken down. However, many years of trial practice has proved that in some divorce cases, the invalidity of mediation does not necessarily mean that the relationship between husband and wife has indeed broken down, and can not simply take the invalidity of mediation as the basis of the relationship between husband and wife has indeed broken down. The legal divorce conditions stipulated in the Marriage Law have two meanings: one is that if the relationship has indeed broken down, the mediation shall be invalid and divorce shall be granted; the other is that if the relationship between husband and wife has not broken down or has not yet completely broken down, even if the mediation is invalid, divorce shall not be granted. Therefore, the legal condition for the people's court to decide divorce can only be that "the couple's feelings have indeed broken down".
 
 
 
2、关于如何确定夫妻感情是否确已破裂
 
2. How to determine whether a couple's relationship has really broken down
 
 
 
我国现行《婚姻法》列举了下列五种具体情形:
 
China's current Marriage Law enumerates the following five specific situations:
 
 
 
(1)重婚或有配偶者与他人同居的。重婚指有配偶者又与他人登记结婚或者与他人以夫妻名义共同生活。有配偶者与他人同居是指有配偶者与婚外异性,不以夫妻名义,持续、稳定地共同生活。这两种行为都是违反《婚姻法》一夫一妻原则、破坏婚姻秩序地严重过错行为。夫妻一方重婚或者与他人同居的,经调解
 
(1) bigamy or cohabitation of a spouse with another person. Bigamy refers to a person who has a spouse who registers to marry another person or lives with another person in the name of a husband and wife. Cohabitation with spouses means that spouses and heterosexuals live together continuously and steadily without the name of husband and wife. Both of these acts violate the principle of monogamy in the Marriage Law and seriously violate the order of marriage. If one spouse is bigamy or cohabits with another person, it shall be mediated.

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