How much does it cost to sue for divorce in 2023?
1. How much does it cost to sue for divorce?
It costs thousands of dollars to sue for divorce. The calculation of the legal fees for suing the divorce court, the legal fees for suing the divorce, the housing evaluation fee and the time cost is for the reference of users who are engaged in divorce proceedings.
(a) Legal fees of the court
According to the method of charging legal fees in the Supreme People's Court, if the amount of the subject matter of a divorce case is less than 1 10,000 yuan, the court will charge the legal fees of 50 yuan (but generally 300 to 500 yuan). If the amount involved is more than 1 10,000 yuan, the court will add 1% of the legal fees.
When filing a case, some parties control the amount of disputed property within a certain range in order to save money, thus paying less legal fees. However, if the court decides to deal with the actual property, it will usually let the parties pay the legal fees. Of course, once the notice is handed in, it generally means that the court is more likely to go. In the end, the court will consider the amount of property jointly owned by both parties, and the litigation costs will be shared by both parties.
(2) Attorney's fees for suing for divorce
Lawyers in Beijing charge higher fees, but the differences between lawyers are not small. Some lawyers charge two or three thousand yuan for a divorce case in the first instance, and some can reach one or two thousand yuan or more. If the amount of property disputes in the case is not large, the current median price of marriage litigation in Beijing is generally around five or six thousand yuan. As for asking a well-known lawyer or a lawyer with high professional level to represent him, it may cost more than 20 thousand yuan. At present, Changji lawyers refer to the following two ways to charge:
Start with a certain amount, and then add a certain fee according to the situation that the disputed property exceeds a certain amount. For example, the lawyer's fee standard is 5000 yuan, which means that no matter how small the amount of dispute in the case is, or whether the same property is disputed or not, the starting fee is 5000 yuan; If the disputed property exceeds 500,000 yuan, the excess will be collected according to a certain proportion, such as 1% or 2%. Lawyer Chang Ji made progress according to the unequal amount of disputes. In short, the more property a husband and wife have, the higher the lawyer's fee may be.
Second, some risk agents. In order to stimulate the enthusiasm of lawyers, when the two parties reach an agreement through consultation, the parties generally pay a certain amount of start-up fee (for example, about 5,000 yuan) first, and then withdraw a certain percentage (generally 10-20%) from the property after the execution. This charging method is generally applicable to cases where the focus of dispute is the division of property. The difficulty of this kind of cases lies in the evidence collection or execution of the same property, which requires lawyers to do a lot of investigation and evidence collection, application for execution and so on.
(3) Housing appraisal fee
If both parties disagree on the value of the disputed house, the court will generally advise both parties to apply to an appraisal agency for real estate appraisal on the premise that the two parties cannot reach an agreement through negotiation and the bidding method is not applicable. The parties choose one of several evaluation institutions provided by the court. If no agreement can be reached, the court will organize the parties to draw lots to decide. The charging standard of the appraisal agency is based on the house price.
time cost
The time spent on divorce varies according to the divorce case or method. Divorce by agreement may be completed in less than an hour, with complete permits and procedures.
If divorce proceedings are initiated or divorce proceedings are negotiated first, it is difficult to determine the time. Generally speaking, if the negotiation with the other party fails, and then consult with a lawyer, the time arranged by a long-term lawyer will generally be about two weeks. In the meantime, if no progress is made in the negotiation, the Law Society will propose to file a divorce with the court through litigation.
Domestic divorce cases are generally summary procedures and are concluded within three months. If one party of the first instance resolutely opposes divorce, the court mediation is invalid, and the judgment will generally be issued in a very short time. If it is a foreign-related marriage, or the subject matter is relatively large, or the case is relatively complicated, the court can adopt ordinary procedures for trial, and the trial period is six months. If the court of first instance does not decide the divorce, it will sue again six months later and the time will be recalculated. During the litigation, the time required for evaluation and appraisal is not counted.
2. What is the procedure for suing for divorce?
The procedure of suing for divorce includes three stages:
The first stage: the prosecution stage
This stage includes the following three steps:
1. The plaintiff submits the complaint, copy and relevant evidence to the people's court;
2. The people's court accepts the documents and materials submitted by the plaintiff for examination;
3. After examination, if the prosecution meets the legal provisions and requirements, make a decision on acceptance and file a case; Otherwise, return the plaintiff's documents and materials and inform them of the reasons for rejection.
(2) The second stage: the defensive stage.
1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply;
2. The defendant shall file a reply within 15 days from the date of receiving the copy of the indictment served by the people's court.
If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment.
If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.
(3) The third stage: the trial stage.
This stage enters the substantive stage of divorce proceedings, mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following steps:
1, drafting a complaint;
2. Prepare the evidence needed for litigation;
3. Submit the complaint and evidence to the court with jurisdiction;
4. The court decides whether to accept the lawsuit;
5. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;
6. The court arranges the court session time and sends subpoenas to both parties;
7. Court hearing: both parties can entrust lawyers or other professionals to represent the litigation (in general, both parties to divorce must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce);
8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
The above is the answer to the question "How much does it cost to sue for divorce?". . In our real life, if we go to court to sue for divorce, we need to pay a certain fee. The expenses here include not only the court's expenses, but also the lawyer's agency fee if the lawyer is entrusted, and the house transfer fee is also needed in the subsequent implementation stage.