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Dealing with a divorce disputes Legal Issues
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Has been in a civil divorce disputes account for a significant proportion of people affected by the traditional concept of husband and wife once went to court contradiction, both easy to enemies, easy sharpening the contradiction between such cases. So good hearing the parties in such cases to the safeguarding legitimate rights and interests, building a harmonious society is of great significance. We get such cases, the parties to review whether there is civil litigation law section 111 of the seventh: judgments are not allowed to divorce and mediation in a divorce case, ruling, conciliation cases of adoptive relationship to maintain, no new cases The new grounds, the plaintiff in the suit again within six months, is inadmissible; interpreted article 144 of the Code of Civil Procedure: the plaintiff withdrawal or withdrawal of treatment by a divorce case, no new circumstances and new grounds to prosecute within six months and , Code of Civil Procedure mutatis mutandis Article 111 of the seventh, shall not be accepted; Marriage thirty-fourth article: the woman during pregnancy, childbirth or termination of pregnancy within one year after the six months after the husband may not apply for divorce under other items situation, review whether the parties have the right of action. If you do not have a right of action, the parties shall be released tomorrow, let withdrawal, the withdrawal of the case do not want to adhere to the court rejected prosecution. To procedural problems, I have been hearing cases of divorce dispute with the defendant was sentenced to imprisonment where the plaintiff had accused the divorce court and the defendant, the Court concluded that review, the court has no jurisdiction, but not transferred to the jurisdiction, and withdrawal is to allow the plaintiff to the hospital to have jurisdiction over the appeal. Prosecution, the plaintiff concealed the circumstances, the court, the defendant has not this defense, the two sides reached through mediation divorce agreement. Although the conclusion of the case, but the debate has come. Opinion is not entirely a review of court obligations, the case was inadmissible; Another view was that after the withdrawal of jurisdiction because the parties to the appeal court of competent jurisdiction and then, transferred the jurisdiction of the Court is essentially no difference between the parties is not withdrawal the treatment of substantive rights, in fact agreed with the defendant and the good. Case, the defendant has not this defense, the agreement shall be effective. Even if the defendant the defense should not apply to "no new cases after withdrawal, new reason to not sue within six months" requirement. Accordingly, the proposed Code of Civil Procedure section 111 of the seventh to be modified, as follows: judgments are not allowed to divorce, mediation and good, withdrawal or divorce cases handled by withdrawal, adjudication, mediation cases of adoptive relationship to maintain, no new cases, new grounds, the plaintiff in the suit again within six months shall not be accepted. Jurisdiction, except for withdrawal.