Traditional Culture Encyclopedia - Travel guide - So prosecution won't divorce twice!
So prosecution won't divorce twice!
The number of prosecutions is not the basis for the court to decide divorce, but only one basis for the court to decide divorce: whether the relationship between the two parties has broken down. How can the judge judge the breakdown of the relationship between husband and wife when only the two of you hold their own words?
Although you have the basis of the first lawsuit when you sue for divorce for the second time, it can be used as one of the basis for determining the relationship between husband and wife, but you still need to judge whether the relationship between the two sides is broken according to the circumstances of the case. If you still live together with the other party and have close contact within the 6-month reconciliation period, it is likely to be considered as a sign of your reconciliation, and the relationship between husband and wife has not completely broken down, leading to a second lawsuit.
Therefore, it is particularly important to provide evidence of the emotional breakdown of both parties when suing for divorce for the second time. During the six-month settlement period after the first-instance judgment of non-divorce, I suggest that you collect evidence under the guidance of a professional lawyer and pay attention to avoiding unnecessary getting along. Mainly focus on the following aspects of evidence:
Wechat, SMS chat, recording, etc. The two sides talk about divorce;
Evidence of long-term separation between the two parties;
Stop the other party from collecting evidence to prove that the relationship between the two parties has not broken down, and try to avoid being with the other party in public, such as traveling together and attending parties.
There are still many people who think that litigation divorce is a matter of litigation. It's simple. They didn't do their homework at all, didn't know the prosecution procedure, didn't collect evidence of emotional breakdown, didn't pay the prosecution fee, and so on, which led to no divorce in the first instance. Some people even think that the first divorce proceedings only pave the way for the second prosecution, and do not attach importance to the first prosecution. In order to save time, they dropped the lawsuit before the court decided.
If this is the case, when you file a second lawsuit, the court can consider that you have the possibility of reconciliation based on the withdrawal of the lawsuit, not as evidence of emotional breakdown, but as the first divorce lawsuit for trial and determination.
Therefore, the strategy of litigation divorce is very important, not as simple as everyone thinks. A wrong step or a detail may affect the future direction, and the value of professional lawyers is often reflected at this time. I also suggest that you sue for divorce and entrust a professional lawyer to represent you. Professional things are still left to professional people to do, which saves time and effort and can also strive for the best interests for you.
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