Fortune Telling Collection - Comprehensive fortune-telling - Will the results of different judges' adjustment be the same when the court sues for divorce?
Will the results of different judges' adjustment be the same when the court sues for divorce?
In divorce proceedings, the court will have a necessary procedure, which is mediation. After mediation, whether it is successful or not, the court mediation department will issue a mediation book to represent the mediation result. Then, is the civil mediation document issued after the divorce is mediated by the court the same as the divorce certificate? Listen to my specific suggestions.
The civil mediation document issued by the court after divorce has the same effect as the divorce certificate. If the content of the mediation document is to dissolve the relationship between husband and wife, it will be divorced after it takes effect. The effective judgment and conciliation statement of the people's court have the same legal effect as the divorce certificate handled by the civil affairs department. Divorced parties do not need to go to the marriage registration department to apply for a divorce certificate, but can directly go through the marriage registration formalities with the effective civil judgment and mediation book of the court. The original marriage relationship has been dissolved by the people's court according to law, and the two sides no longer have a husband-and-wife relationship.
If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement has legal effect after being signed by both parties.
Matters needing attention in divorce mediation:
1, we should realize the importance of mediation in the trial of divorce cases, because divorce cases are related to family and social stability, and it is particularly important to successfully handle divorce cases. At this time, if these mediation methods are used properly, it is likely to get twice the result with half the effort.
2. Any mediation method is not static. It should be used flexibly according to the actual situation of divorce cases. In some cases, it may be necessary to use these methods comprehensively to achieve better results.
3. To grasp the opportunity of mediation, we must first establish the idea that mediation should run through the whole process of litigation. Mediation can be carried out after the contradictory facts are ascertained, and mediation can be carried out after other circumstances such as property are ascertained, which varies from case to case and from person to person.
In the process of mediation, divorce should be harmless, including not hurting children, not hurting each other, and not hurting society because of divorce. Try to avoid affecting children's study or physical and mental health. We should take the interests of children as the highest principle, choose the most acceptable or beneficial method for children, and eliminate or reduce the harm of divorce to children.
How to determine the separation of husband and wife
If you have been separated for two years because of emotional disharmony, you can conclude that the relationship between husband and wife has broken down, and the court can judge the divorce accordingly. So how do you prove that the husband and wife have really separated? This is also a question that many parties will ask in divorce cases. Lawyer Xu Xiaojie of Marriage and Family Lawyers Network answered this question as follows:
1, separate beds are not divided into rooms, so it is difficult for the court to identify them as divided rooms.
Most couples can't live apart because of their financial situation or children after their emotional disharmony. First, they may live in different beds, but they live in the same room or house together. Couples have no sex all year round. However, if one party files a divorce lawsuit on the grounds of separation, and the other party does not recognize the fact of separation, the court will generally not accept it.
Lawyer Xu has encountered many such cases. An old couple lived in separate rooms for nearly ten years, and even ate in separate kitchens. However, because only one party stated that there was no evidence and the other party denied it, the court could not determine the fact of separation.
2. Husband and wife living in different places is not necessarily a "separation" in the legal sense.
Some couples are separated because of employment, study and other reasons, but they do not necessarily conform to the provisions of the Civil Code. According to the Civil Code, emotional breakdown must be cohabitation caused by marital disharmony. For example, studying abroad or moving to work, even if living in two cities or two countries, still does not belong to the situation of "the relationship between husband and wife has indeed broken down" in the civil code. On the basis of this fact of separation, you can also provide evidence of marital disharmony, which will strengthen the proof and make it more likely to decide divorce. Regarding the validity of the civil mediation document issued by the court after divorce mediation, you can consult a lawyer.
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