办 公:

手 机:

主页 > 新闻动态 > 外遇调查 > 文章详情

离婚诉讼当事人十大顾虑及应对措施

发布时间:2019-01-18 16:01
由于绝大部分当事人是第一次经历离婚诉讼,因此,通常有很多担心和顾虑,常见的十种分别是:
 
Since most of the parties have experienced divorce proceedings for the first time, there are usually many worries and concerns. The ten common ones are:
 
一、对方“不睬”法院传票怎么办?
 
1. What about the other party's "ignorance" court summons?
 
很过当事人在诉前与对方谈及离婚时,对方态度恶劣,甚至扬言,你起诉了我也不接传票,我也不到庭,就是让你离不成!其实,您大可不必担心。我们经常会遇到这样的案例,但最终“不睬”法院传票的寥寥无几。为什么呢?虽然现在长沙法院审理离婚案件,通常是打电话或寄信让当事人来取,但如果遇到拒不配合的当事人,法院仍会派员送达。即使当事人拒签,法院仍可依法采用留置送达,只是手续麻烦了一些而已。如果当事人一方接到了法院传票,基本上都会到庭的,不然法院可能会缺席判决,可能会作出对拒不到庭一方不利的判决。为了使自己的“权益”不受损失,当事人自然不会缺席自找麻烦的。
 
Very much before the litigant talked about divorce with the other party, the other party's attitude was bad, even threatened that you sued me and I did not receive summons, I did not appear in court, that is to say, you can not leave! Actually, you don't have to worry about it. We often encounter such cases, but ultimately there are very few court summonses. Why? Although Changsha courts now hear divorce cases, usually call or send letters for the parties to pick up, but if the parties refuse to cooperate, the court will send staff to serve. Even if the parties refuse to sign, the court can still use the lien service according to law, but the procedure is troublesome. If one party receives a summons from the court, it will basically appear in court. Otherwise, the court may make a judgment in absentia and may make a judgment against the party who refuses to appear in court. In order to protect their "rights and interests" from loss, the parties will naturally not seek trouble by default.
 
二、对方隐匿财产怎么办?
 
2. What about the other party's concealed property?
 
一旦对方接到了法院传票,很多当事人担心对方开始隐匿家庭共同财产,其实这个担心并不是多余的,几乎60%以上的案件都会涉及到一方涉嫌隐匿财产的情况。因此,防止对方隐匿财产,应当提前准备。比如,在起诉前,就将家庭共同财产的发票收集好,或请朋友做见证证言,兼采用影像取证技术。另外,对于银行存款、股票等,可以在起诉同时申请法院调查或律师出具调查令调查,一旦查出财产下落,可以视情况采取财产保全措施等。
 
Once the other party receives a court summons, many parties worry that the other party begins to conceal the family's common property. In fact, this concern is not superfluous. Almost 60% of the cases involve the case of one party suspected of concealing property. Therefore, in order to prevent the other party from concealing property, we should make preparations in advance. For example, before prosecution, collect invoices of family common property, invite friends to testify, and use video forensics technology. In addition, for bank deposits, stocks, etc., it is possible to apply for court investigation or lawyer's investigation order at the same time of prosecution. Once the property is found out, property preservation measures can be taken as appropriate.
 
三、 对方造假“债务”怎么办?
 
3. What about counterfeiting "debts"?
 
造“假债务”也是离婚案件中常见的问题;。比如,原先父母赠与购房款,现在补写一张“欠条”企图变成借贷关系;自己股市中的钱说是替他人炒股的资金;甚至直接找亲朋伪造欠条。担心对方造假,是离婚诉讼中当事人最大的顾虑之一。其实,您也不必过于担心。法院有一定的诉讼规则,“造假”也并不是那么容易得逞。目前,理论界普遍的观点是,法院在审理离婚案件中,不宜直接对债务问题进行处理。法院通常的作法是,如果一方当事人对债务不予认可,通常对债务不予实质审理,而是建议债权人另案起诉。“造假”要面临鉴定、质证的考验,还要面对四十七条不分、少分的后果,甚至参与人还要承担伪证罪的刑事后果,因此,“魔高一尺,道高一丈”,只要注意诉讼权利与技巧,诉讼中对方“造假”问题,可以防范和解决。
 
Fake debt is also a common problem in divorce cases. For example, the original parents gave home purchase money, now write a "debt note" in an attempt to become a lending relationship; the money in their stock market is said to be funds for other people to speculate in stocks; and even directly find relatives and friends to forge debt notes. Fear of counterfeiting is one of the greatest concerns of the parties in divorce proceedings. In fact, you don't have to worry too much. Courts have certain rules of procedure, and "fraud" is not so easy to succeed. At present, the general view in the theoretical circle is that the courts should not deal directly with the debt problem in divorce cases. The usual practice of the court is that if a party does not approve of the debt, it usually does not give a substantive hearing of the debt, but suggests that the creditor sue another case. "Falsification" should face the test of identification and cross-examination, as well as the consequences of 47 indiscriminate and fewer points, and even the criminal consequences of perjury. Therefore, as long as attention is paid to litigation rights and skills, counterfeiting can be prevented and solved.
 
四、过了举证期限怎么办?
 
4. What happens after the time limit for proof?
 
根据最高院的庭审规则,如果当事人不按举证期限举证,过期法院不再组织质证。这就要求当事人相当熟悉人民法院关于举证程序的相关规定,相关内容在您立案时,法院回执的“举证通知书”内,当事人一定要认真阅读。如果不注意过了举证期限,先向法院说明情况,以期得到法院的延期举证批准。一般情况下,只要对方当事人特别是律师不提异议,法院不会主动因举证过期而拒绝质证。但是,如果关键性的证据得不到质证,自己又是原告,只能采用撤诉的劣招来补救了。
 
According to the court rules of the Supreme Court, if the parties fail to give evidence within the time limit for proof, the overdue court will no longer organize cross-examination. This requires the parties to be familiar with the relevant provisions of the People's Court on the proof procedure. When you file a case, the parties must read the relevant contents carefully in the "Notice of Proof" received by the court. If the time limit for proof is not paid attention to, the case should be explained to the court in order to obtain the court's deferred approval for proof. In general, as long as the other party, especially the lawyer, does not raise objections, the court will not voluntarily refuse cross-examination because the proof expires. However, if the key evidence can not be cross-examined and he is the plaintiff, he can only use the bad way of withdrawing the lawsuit to remedy it.
 
五、找不到“第三者”的证据怎么办?
 
5. What if there is no evidence of a "third party"?
 
我们接手的离婚案件,近60%涉及到婚外情问题。很多当事人为找不到对方有“第三者”的证据而心烦。其实,如果构不成同居,花大力气找“第三者”证据的意义是不大的。首先,直接能证明婚外情的证据很难取证,一般当事人只能拿到电话清单、通话记录、短消息内容、相对亲昵的照片、证人证言,甚至堵在门外等。这些证据证明力相对较小,一般法院不会因这些证据而认定对方有过错。花这么多精力和金钱去取没有实质意义的证据,是不合算的。因此,只要手边有一定能够让法院心理明白的证据,就可以了,不必太在意这些证据是否对法官司自由栽量时产生倾向影响。
 
Nearly 60% of the divorce cases we take over involve extramarital affairs. Many parties are upset that they cannot find evidence that the other party has a "third party". In fact, if cohabitation is not formed, it is not significant to make great efforts to find evidence of "third party". First of all, evidence that can directly prove extramarital affairs is difficult to obtain evidence. Generally, the parties can only get telephone lists, telephone records, short message content, relatively intimate photos, witness testimony, or even blocked outside the door. These evidences are relatively weak, and the general court will not find that the other party is at fault because of these evidences. It's not worth spending so much energy and money to get meaningless evidence. Therefore, as long as there are certain evidence on hand that can make the court's mind clear, it is not necessary to pay too much attention to whether these evidence has a tendency to influence the free planting of judges.
 
六、双方都要房子怎么办?
 
6. What if both sides want a house?
 
如果双方都想得到房子,法院一般会考虑到以下因素判决:
 
If both parties want to get a house, the court will generally take into account the following factors:
 
(一)孩子归谁抚养。一般情况下,孩子归谁抚养,房子判归谁的可能性会较大;
 
(1) Who will bring up the children? Generally speaking, it is more likely that the child will be brought up to whom the house belongs.
 
(二)照顾无过错一方。比如,另一方有婚姻法四十六条规定的四种恶习,即有、同居 、暴力、遗弃或其他重大过错的情形,考虑无过错方的利益,法院会酌情考虑无过错方的权益。
 
(2) Take care of the party without fault. For example, the other party has four vices stipulated in Article 46 of the Marriage Law, namely, cohabitation, violence, abandonment or other major faults. Considering the interests of the non-fault party, the court will consider the rights and interests of the non-fault party as appropriate.
 
(三)如果双方条件相同,又没有孩子,法院还可能采用竞价方式解决房屋归属,即把房屋判给出价最高的一方,另一方拿取折价款。
 
(3) If the conditions of both parties are the same and there are no children, the court may also adopt competitive bidding to solve the problem of housing ownership, that is, to award the house to the highest bidder and the other party to take the discount.
 
七、双方都要孩子怎么办?
 
7. What if both sides want children?
 
如果孩子十周岁,一般听取孩子的意见;如果孩子不满十周岁,幼
 
If a child is ten years old, he or she will generally listen to his or her advice; if the child is under ten years old, he or she will be young.

关于我们| 新闻动态| 成功案例| 收费标准| 服务范围| 联系我们|

Copyright © 2002-2017 DEDECMS. 上海腾达商务调查公司 版权所有