what is the cost of hiring a china divorce lawyer

Full Answer

How much does it cost to hire a divorce lawyer?

The average cost for a divorce is $15,000 with a divorce lawyer costing aronud $250 per hour. Hiring a divorce lawyer for representation, you will likely spend between $100 and $650 an hour. The price of a divorce attorney can vary greatly.

How can our divorce lawyers in China help you?

Our divorce lawyers in China are able to provide you with legal support and representation in the court of law if you decide to divorce from your partner. Proper counseling in your case is recommended, especially if you are a foreigner married to a Chinese citizen.

How much does a legal separation cost in China?

The litigation fee is valued at 1% of the disputed property. If such property is less than 10,000 Yuan, it will cost 50 Yuan. On the other hand, retaining fees do have minor differences depending on the lawyer. From the beginning, it is good to know that a legal separation is different from a divorce procedure in China.

How do I get a divorce in China?

The easiest way to end a marriage in China is to request a divorce by agreement. In this case, both the husband and the wife decide that, due to certain reasons, the marriage can no longer function. The legal procedures, in this case, are fast and involve low costs. The Marriage Registration Offices in China handle this type of divorce.

How much does it cost to get divorced in China?

How Much Does It Cost? Obviously, rates vary depending on location and circumstances, but a typical expat divorce in Shanghai should incur fees in the 20,000-30,000rmb range. Some law firms have been known to charge 60,000-80,000rmb for expat cases.

How long does the divorce process take in China?

between 3 and 6 monthsHow long does expat divorce in China take? Under the Procedural Law of PRC, a domestic case that is settled using the summary procedure takes between 3 and 6 months. In international cases that may involve service of documents overseas, and collection of evidence overseas, the length of the divorce may be more.

How do I get divorced if I got married in China?

Pre-requisites to commence divorce proceedings by way of agreement:Both parties must be agreeable to the divorce.Both parties must be agreeable on issues relating to custody of children and division of assets.Parties' marriage must be registered in China.Parties' must have full legal capacity pursuant to civil law.

Is it difficult to get a divorce in China?

Although it is increasingly difficult to get married, divorce is getting easier. Official statistics show that the number of registered divorces in China increased from 2.7 million in 2010 to 4.7 million in 2019 – up by a whopping 75.5% in a decade.

How are divorce papers served in China?

There are three main methods under the Civil Procedure Law of China in which judicial documents can be served upon a party involved in a Court proceeding; direct service to the person on whom the documents are to be served, by mail or entrusted to another People's Court.

Who initiates divorce in China?

womenIn fact, according to the state-backed All-China Women's Federation, more than 70 percent of divorces are initiated by women.

What type of divorce in China requires in court mediation?

For no-fault divorces, mediation is conducted in the urban areas by neighbourhood committees or in the countryside by local women's federations and township-level courts, which must certify that the case has gone through mediation before a divorce decree can be granted.

Does China have spousal support?

There is no such spousal support in China. But in China, the wife may get more than 50% of the marital property in some cases (also referred to as 'unequal division of marital property'). The wife is also more likely to get custody of the child, which makes the ex-husband has to pay for the child support.

Who gets custody China?

In China, joint custody effectively doesn't exist; instead one parent is awarded sole custody, which not only means that the child lives with them, but that they have the right to make all important decisions related to the child's well-being.

What is the main reason for divorce in China?

Reasons for Divorces in China In some urban areas it has become almost cool to be divorced. Adultery is the main cause of divorce, more often infidelity of the husband rather than the wife. One third of divorces are the result of extramarital affairs.

Why is the divorce rate so low in China?

Chinese officials and academics like Mr. Dong have credited the cooling-off period for helping to slow the divorce rate. Officials said 2.1 million couples successfully completed divorce registrations in 2021, a 43 percent decline from 3.7 million in 2020.

What is Beijing Jingrong Law?

Beijing Jingrong Law (“Beijing Jingrong Law”), is a well-established law firm based in Beijing. The firm is made up of legal experts in a wide range of areas. Here at Beijing Jingrong law, we pride ourselves on meeting our client’s needs, giving them advice they can trust. We understand that every case is different and we look to solve your legal issues in a practical way that works for you.

Where is Yuanda Law Firm located?

XiAn Yuanda Law Firm is based in XiAn, Shanxi, the capital city of the southern state of China. The firm was founded by Mrs. Zhang Huixian who has been in practice for a number of years with her focuses mainly in XiAn, Shanxi. We provide you with a combination of experience, skills and education that can effectively and efficiently help resolve your legal issues. We provide a wide range of service

How long does it take to get divorced in China?

If divorce by agreement is adopted by a couple formed by a Chinese citizen and a foreigner, the process may take up to one month. The confirmation of the divorce is made by the people’s court in China once the court hearing is closed. Foreigners married in China who want to file for divorce can choose the divorce settlement confirmation where the main aspects of their separation are mentioned in this document issued by the court.

Can a Chinese couple divorce?

When the spouses are both Chinese and cannot mutually agree to end the marriage, one of the parties can appeal to a people’s court in China which will decide upon the divorce. A divorce by litigation requires more steps and will last longer. Also, this type of procedure will involve more costs. If the judge’s decision is against divorce, the plaintiff can appeal the judgment six months after it was issued.

How long does it take to get divorced in China?

On average, the divorce process in China will take 1-3 months to complete. These estimates assume that both spouses agree to divorce and agree in principle on the terms of the divorce. Without agreement, the process will be longer and requires specialist evaluation.

How long do you have to live in China to divorce?

at least one spouse must have lived in the same Chinese city (ideally at the same address) for over one year ;

What is divorce agreement?

The divorce agreement is the central component to an agreed divorce. In many cases, a couple will privately negotiate the terms themselves based on the realities of their situation. Division of assets, child custody, visitation and support can all be worked-out in a calm and deliberative fashion.

Does Flora divorce in China?

Being an internationally recognized expat divorce lawyer, Flora is often able to have the divorce confirmed immediately after the court hearing, eliminating weeks of waiting for the judgement to be issued. When it comes to expat divorce in China, experience is the key factor in assuring a positive outcome.

Is a negotiated divorce the best option for both spouses?

In most situations, a negotiated divorce is the best option for both spouses. In an agreed divorce, the divorce settlement agreement is drafted and signed before heading to court, so there are no last-minute surprises. The divorce agreement is the central component to an agreed divorce.

Can you divorce in China?

Yes, absolutely. A divorce done in China is fully recognized in other countries (including the United States, Great Britain, the EU, Canada, Australia, New Zealand and South Africa). Each country has their own rules for "transferring" a judgement from one country to another.

Does Flora take care of divorce?

As part of the divorce process, Flora will always take care of drafting the divorce settlement agreement (in English and Chinese) and preparing the couple to attend court, in addition to attending the court hearing.

How much does a divorce attorney cost?

The total cost of a divorce is about $15,000, but can go as high as $100,000 depending on how many issues you want a judgment on ...

How much does it cost to file for divorce?

The cost will vary from state to state, but typically it’s about $300 , which can sting, considering the circumstances.

What is more important than paying a lawyer?

Far more important than what you are paying your lawyer and the courts is hiring the right attorney. Do your research based on what you can afford, and find the right representation to protect what you have at stake.

Is divorce pleasant?

No one would ever describe the divorce process as being pleasant; neither would any spouses say on their wedding day they were planning on divorcing down the road. But divorce happens—for at least 50 percent of all first, second, and third marriages.

Is divorce time consuming?

Divorces can be time-consuming and messy, and the issues in each divorce are different from one couple to the next. Because the outcome of every divorce is determined by the defendants, the attorneys, and what is at stake, it’s nearly impossible to find a standard overall cost.

Does a retainer cover the cost of future hours?

These retainer fees are based on a divorce attorney’s hourly rate .

What does experience mean in divorce?

Experience means everything. Costs could below but if you Are dealing with an inexperienced lawyer the process could be prolonged which means more cost on your end. in light of this, the divorce attorney you decide to settle on should have or prove to be an experienced attorney.

Is divorce an unpleasant process?

Once initiated, it should run in the shortest time possible ending in the expected or a positive turnout for the parties involved. So, for things to work out as expected, your divorce attorney must be accessible. That is the lawyer should be prompt in answering back your call, responding to your message, frequently giving you updates about your case and promptly responding to your request for meetings.