Divorce law consulting divorce first court decision not to divorce, second prosecution court will decide?

Beijing divorce lawyer on the first judgment of not divorce can again prosecution, court how to judge?

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"Regulations PRC Civil Procedure Law", "the people's court mediation, withdrawal or to withdraw the divorce case, the people's court and not divorce cases, no new case, new reasons, in 6 months and prosecution, the people's court shall not accept the". Law provides for a 6 month period, the main is to allow divorce to give a further along, calm consideration of time, if the two sides through careful consideration, that the two sides have together is necessary, certainly don't consider a divorce. But after 6 months, one party is still adhere to sue for divorce, although through the program by the divorce case, the law does not deprive the rights to sue, but should generally be in the 6 months to exercise the power of prosecution, the court will generally accept the case.

Of course exceptions handled within 6 months is: if the mediation and withdrawal, or the court not divorce, husband wife relationship, family relationship of major changes, the emergence of new situations and new problems, even within 6 months, the parties may also new reasons to divorce litigation request, the court shall the recognition and protection of the right of action, to accept the request for divorce. If more than 6 months of their divorce litigation rights are not affected.

A divorce proceedings after the court decision not to grant a divorce, in 6 months after the second firm sued for divorce, the court Is it right? Must divorce? answer is not certain, mainly must according to the different cases, second times to sue for divorce, the court will still according to the actual circumstances of the case, both sides of the evidence, the trial, and the law. "The feeling is completely broken" is generally the focus of the court review, only the original, the defendant couples complete rupture, the court will divorce. However, the "affection" is not an empty slogan, feelings is broken has legal basis and standard, includes: a bigamy or together with others, family violence or maltreatment, abandonment of family members, a gambling, drug abuse and incorrigible, because feelings not separated for two years.

In the "marriage law" after revising, the Supreme People's court "about people's court hears a case of divorce to identify some specific opinions" couples that have been broken seventh first half of the "regulation because of incompatibility separation has over three years of" marriage law "and" the thirty-second article about "not because of love separation has two years" the provisions are in conflict, although the judicial interpretation is not expressly repealed, but according to the principles of law is better than the old law, judicial interpretation of the provisions of this part shall not continue to apply. But the provision in the latter part of the revised "marriage law case" and "marriage law explain (a)", "marriage law" (two) are not specified, practice repeatedly sued divorce phenomenon is relatively common, so the decision is not allowed from the separation can be identified as one of the marriage relationship is broken according to the actual situation, a reasonable solution.

So in the prosecution of second former should also continue to prepare evidence of divorce, well prepared, not the effect.

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