Lawyer Li Xiaojuan has also said before that if both parties agree to divorce and do not want to go through the divorce cooling-off period, they choose to go to court and divorce through mediation, so that they can divorce in less than a month.

Lawyer Li Xiaojuan has also said before that if both parties agree to divorce and do not want to go through the divorce cooling-off period, they choose to go to court and divorce through mediation, so that they can divorce in less than a month.

However, Hangzhou divorce lawyers have recently received a lot of consultations. One party wants to divorce and is very determined about the divorce. The other party does not want to divorce and is very determined about not wanting to divorce. In this case, how long will it take for the party who wants to divorce to go to court to sue? ?

According to the "Civil Procedure Law", the first instance period for filing for divorce usually takes 3 months according to the simplified procedure, and 6 months according to the ordinary procedure. When filing for divorce at one time, the minimum period is 3 months, and the maximum period is 6 months. .

If the divorce is not allowed in the first divorce judgment, then the second lawsuit is filed. my country's Civil Procedure Law stipulates that the second lawsuit can only be filed after 6 months.

Based on this period, if it takes two lawsuits to achieve the final goal of divorce, it will take about one to one and a half years.

Note that this does not include appeals by one party, foreign-related marriages, or deliberate delay by the other party.

However, there is another situation where you can leave the relationship after the first lawsuit. The plaintiff needs to prove that the relationship between the two parties has indeed broken down. With these relevant evidences, even if the other party does not agree to the divorce, the court will rule for divorce in the first lawsuit, which means that the divorce can take 3 to 6 months. Lawyer Li Xiaojuan will also talk about the circumstances under which you can leave at once.

When I sue for divorce for the first time, what are the circumstances? Even if the other party refuses to divorce, the court will also order a divorce?

1. It can prove that the other party is bigamous or living together with others: for example, there is evidence that the other party registered a marriage with others, or lived together in the name of husband and wife.

2. Evidence proving that the other party has committed domestic violence or abused family members, such as multiple alarm records, warning letters, photos of injuries, medical records, etc.

3. If you have bad gambling or drug habit, you can apply for a court investigation order to investigate the police station records.

4. They have been separated for two years due to emotional discord. This seems easy, but it is more difficult to prove. It is necessary to prove that the separation was "due to emotional discord" and it must be "two years". In the absence of a separation agreement, it is difficult to prove.

Therefore, if you have been separated for more than two years, I would suggest trying to collect evidence of "discord due to feelings". If the separation has not yet begun, I suggest not to take this approach, because you need to wait until two years before you can sue. Moreover, your evidence of separation may not be recognized by the judge.

If you don’t have any evidence, you should sue as early as possible. Even if you need to sue a second time, you will usually be divorced within two years.

5. Other situations that lead to the breakdown of a couple's relationship. This clause is a safety net, because the law cannot exhaust the situation of relationship breakdown, so this discretion is left to the judge.

Hangzhou divorce lawyer Li Xiaojuan has encountered some situations in practical cases that judges will also consider as situations of emotional breakdown. For example, one party has physical defects or one party does not want to have children, and one party has serious infidelity. Although the above-mentioned situation cannot be reached, It is a standard for a couple to live together in name, but it is enough to cause the relationship between the couple to break down.

Here, Hangzhou divorce lawyers cannot exhaust the situations that occur in real life. If you want to divorce as soon as possible, you can contact lawyer Li Xiaojuan. Hangzhou divorce lawyers will provide you with professional legal answers.