Divorce LawyerThe process of finding a lawyer for a divorce was as follows:
1. ** Pre-litigation preparation stage **
- The lawyer had to collect information, including the time of their relationship, the time and place of marriage, the birth of children, the upbringing of children, the specific way in which both parties took care of their children, the process of their relationship after marriage and specific examples, and the current living conditions of both parties (whether they were separated, etc.).
- Collection of assets:
- ** Real Estate Status **: Such as the time of purchase, the current house or the unfinished house, the contract price, whether there is a loan, the source of the purchase fund, the down payment, the main loan holder, the registration of the property ownership certificate, the renovation investment, the renovation time, the current value of the property, the remaining loan balance, the principal, whether there is other mortgage, which party actually lives, the household registration, etc.
- ** Status of deposits **: Understand whether there is any deposit under the name of both parties, whether you know the deposit status of the other party, whether you have the deposit and withdrawal receipt of the other party, or whether you know the account number of the other party's bank, etc.
- ** Status of stocks **: Know whether there are stocks under the name of both parties, whether you know the opening company of the other party's stock account, the shareholder code, the capital account, the approximate market value in the stock market, whether you open the account in your own name, etc.
- ** Status of furniture and electrical appliances **: Confirm if there are any particularly valuable related belongings.
- ** Precious movable assets **: Including the possession of precious metals, funds, antiques, calligraphy, paintings, etc.
- ** Car ownership **: For example, whether there is a car under the name of both parties, model, license plate, time of purchase, whether there is a loan, repayment status, purchase value, license plate location, actual user, market value, etc.
- ** Company and enterprise equity situation **: specify whether the two parties hold company or enterprise equity, the time of registration, place of registration, registered capital, number of shareholders, proportion of shares, changes in share capital, financial situation, owner's equity situation in the accounting statements at the end of last year, and the attitude of both parties towards the company and enterprise.
- ** Other properties **
2. ** Pre-litigation mediation stage **: Before the lawsuit, the lawyer will urge both parties to reach a divorce agreement through negotiation and mediation, and try to resolve the dispute through agreement or court mediation.
3. ** Lawsuit Stage **: If mediation fails and the gap between the two parties is too big, the marriage problem can only be resolved through the court. This stage could be further divided into:
- ** Sue Stage **:
- The plaintiff submitted the complaint, a copy, and relevant evidence to the people's court.
- The people's court accepted the documents and materials submitted by the plaintiffs for review.
- After the investigation and prosecution were in line with the legal provisions and requirements, the decision to accept the case was made and the case was filed. Otherwise, the documents and materials of the plaintiff would be returned and the reasons for not accepting the case would be informed.
- ** Defense Stage **:
- The people's court shall send a copy of the plaintiff's complaint to the defendant within five days from the date of filing the case, and inform the defendant to make a written defense.
- The defendant shall make a written defense within 15 days from the date of receiving the copy of the bill of complaint served by the people's court. If the defendant did not submit a defense within 15 days, the people's court would hear the case and make a judgment as usual. If the defendant is indeed unable to make a defense within 15 days due to reasons that are not his own will, he may apply to the people's court for an extension of time. The president of the people's court may make a decision to postpone the time.
- ** Court hearing stage **: This stage enters the substantial stage of the divorce proceedings. It is mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties.
If it was difficult to draft a divorce complaint, he could find a lawyer to help draft it. Before filing a case, the jurisdiction had to be confirmed, and then the complaint and other materials had to be submitted to the people's court with jurisdiction. The court would arrange for pre-trial mediation, then arrange the court time according to the case schedule, and send the subpoena and a copy of the complaint to the other party. Finally, the case would be heard in court. For complicated cases, it was recommended to find a professional marriage and family lawyer to increase the chances of winning.
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