How to handle a divorce lawsuit? Taipei divorce lawyer tells you.

If a couple has difficulty maintaining their marriage, how to deal with it properly so that they can get together and break up easily may also be one of the options.
Whether a couple wants to end their marriage is not a legal issue, and it is not something that a lawyer can give advice on. But if you want to end the marriage, you may need the assistance of a lawyer in what way to do it.

When it comes to divorce lawsuits, once they are faced with it, everyone must hope to resolve it as soon as possible. After all, a lawsuit that has been pending for a long time has its uncertainties, which is definitely not what everyone wants to see.
However, divorce cases are usually not easy. Unless there are very clear reasons, such as domestic violence or breach of marital fidelity by one party, and relevant evidence, the litigation will often last for a period of time, except that both parties must present relevant evidence. In addition to offense and defense, there are many things that need to be resolved one by one, such as the ownership of child custody, the settlement of property between husband and wife, and who must bear the alimony. These are all issues that need to be discussed in divorce proceedings.

How to file for divorce?

1. Prosecution:
Family divorce proceedings are the same as ordinary civil litigation cases. The first procedure is "complaint". The plaintiff must file a petition for divorce in the form of a written petition to the court with jurisdiction over the procedure.

2. Mediation:
Divorce is legally a family matter case. According to Article 23 of the Family Affairs Act, it is a "compulsory mediation" case type. After filing a lawsuit and before making a judgment, the case must go through the court's compulsory mediation process. If mediation fails, formal litigation will begin.

3. Review:
When the mediation between the two parties fails, the case will enter the trial process. The number of hearings is usually not just one, but several hearings. During the process, the judge understands the case and confirms the relevant evidence, and finally makes a judgment.

In preparing for the divorce proceedings, the plaintiff and the defendant can submit a list of evidence, relevant exhibits and materials, or request for investigation of evidence, and can sort out the dispute points or put forward their claims in the form of written pleadings.

If both parties have minor children at the time of divorce, the process may be more complicated. The parties may need to submit the matter to a judge regarding the custody of minor children after divorce. The family court will usually ask social workers or social welfare groups to conduct visits. Usually the visit process will be conducted before the oral argument process, and the court will then proceed. The visit report will be relied upon to assess which parent is the best interest caregiver for the minor child.

4. Sentencing:
Finally, the court will consider the evidence and materials obtained through the above procedures and make an appropriate judgment. If any party is dissatisfied, they can also file an appeal and the trial will continue by the second-instance judge.

If you hire a divorce lawyer, how much does the lawyer cost?

If you want to appoint a lawyer to handle divorce proceedings, the relevant fees will have different quotations based on different appointment methods or stages, and will be assessed based on the type, difficulty, complexity, etc. of the case.

Taking a divorce case as an example, there are different stages such as assisting in negotiations, drafting divorce agreements, assisting in mediation procedures, and acting as a litigation agent in court proceedings. Therefore, attorney fees will vary depending on the scope of the appointment. Secondly, in most divorce cases, if the couple already has children, especially underage children, custody, support, and visitation rights may usually be attached. Secondly, the property distribution of both parties will also include the remaining property of the couple. As for the allocation of claim rights, since the circumstances of each case are different, you need to consult a lawyer first, who will provide the most appropriate service plan.

How long do divorce proceedings usually take?

People often ask: "How long does a divorce lawsuit usually take?" This question is really difficult to answer, because the situation of each case may be different. The following is only an explanation of the situation handled by general courts:
(1) Submit a divorce complaint to the court for mediation procedures:
Usually it will take about one to two months to notify you to go through the "mediation process."
(2) "Mediation Procedure" in which the mediation committee conducts mediation
Usually there will be two to three mediations (of course there may be more times, but that will be when everyone is likely to reach a consensus), and the mediation process will usually be completed within about four months at most.
(3) "Proceedings" heard by a judge
If the mediation between the two parties still fails, then the judge will issue a separate court hearing notice to conduct the "litigation procedure" of the trial. Usually, there will be about four or five court sessions (of course, individual cases may have more or less, this is not necessarily the case), etc. After the judge believes that the investigation has been completed and a verdict can be issued, he will set a date for the verdict at the last court session. The court hearing usually takes about once a month. As for how long it will take in total, it really depends on the individual case. Generally, Generally speaking, it is very common to take about half a year to a year.

➖➖➖➖➖➖➖➖
Professional Divorce Law Firm Consultation Hotline
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/familylaw/
e-mail:info@fdlaw.com.tw