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Do I need to appeal if the court doesn’t rule divorce as I wanted?

  • Time:2018-01-05
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Do I need to appeal if the court doesn’t rule divorce as I wanted?
The Civil Procedure Law stipulates that if a party refuses to take the judgment of the first instance of the local people's court, he or she has the right to appeal to the people's court at a higher level within 15 days from the date of service of the judgment. The people's court of the original instance shall, upon receipt of the appeal, send a copy of the appeal to the other party within 5 days and the other party shall file an answer within 15 days from the date of receipt. The people's court shall, within 5 days upon receipt of the answer, serve a copy of it on the appellant. The people's court of the first instance shall then submit to the people's court of the second instance, all the documents and evidences received during the first instance within 5 days. The people's court hearing the appeals shall conclude the case of appeal within three months from the date of acceptance of the appeal. The above period also does not include time spent on mailings. Therefore, the second instance will take around four or five months to close in general.
The Code of Civil Procedure also stipulates that if in the first instance, divorce is not granted, the plaintiff may file another divorce lawsuit the second time as the first instance six months later. From the point of time period spent on the procedure regarding the appellate procedure and the second time for trying the case as the first instance, the time periods are almost the same, therefore, the plaintiff does not need to appeal.
The purpose of the appeal is to ask the appellate court to strike down the verdict of the first appeal claiming the judge of the first instance made some mistake. In fact, the law is very conservative on ruling divorce, the court of appeal may well rule the same as the court of the first instance. In practice, if the party file for divorce the second time, there are more than 70% chances, that the court will rule divorce as the court will believe the marriage of the couple does break down as one party has demonstrated it by filing a second time.   

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