The legal fees for each divorce case range from 50 yuan to 300 yuan. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5 will be paid.
How much it will cost to file a divorce lawsuit in 2022 will depend on the type of case.
In divorce disputes, in property cases, based on the amount or value of the litigation request, the cumulative payment shall be paid in installments according to the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case. Yuan;
2. The portion exceeding 10,000 Yuan to 100,000 Yuan shall be paid at 2.5%;
3. The portion exceeding 100,000 Yuan to 200,000 Yuan shall be paid at 2% Payment;
4. The portion exceeding 200,000 yuan to 500,000 yuan shall be paid at 1.5%;
5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid at 1% Payment;
6. The portion exceeding 1 million yuan to 2 million yuan shall be paid at the rate of 0.9%;
7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at the rate of 0.8% Payment;
8. The amount exceeding 5 million yuan to 10 million yuan is paid at the rate of 0.7%;
9. The amount exceeding 10 million yuan to 20 million yuan is paid at the rate of 0.6% Payment;
10. The amount exceeding 20 million yuan shall be paid at 0.5%.
When a divorce case is concluded, the burden of litigation costs will be determined by the people's court based on the specific circumstances of the case. Because of the special nature of divorce cases, there is no so-called victory or defeat, so the argument that whoever loses the case will bear the litigation costs does not apply. The litigation costs are borne jointly by both parties. The parties concerned shall bear the litigation costs according to the judgment of the people's court. Normally, the litigation costs in divorce cases are paid in advance by the plaintiff. If you really have difficulty in making advance payment, you may apply to the People's Court for postponement, reduction or exemption of payment within the advance payment period.
In litigation divorce, the most common fees involved are the fees charged by the court and the attorney fees paid by the entrusted lawyer. Among them, the court’s case acceptance fee must be paid, and if the parties do not have If you hire a lawyer, you don't need to pay lawyer fees.
1. How much is the cost of divorce litigation?
The fee for each divorce case is 50 yuan to 300 yuan.
If the case is settled through mediation or the parties apply to withdraw the case, the case acceptance fee will be reduced by half.
The divorce litigation fees are paid in advance by the plaintiff when filing a lawsuit. After the court hears the case, the burden of the litigation fees will be determined in the judgment. The burden of litigation costs in divorce cases shall be settled through negotiation between the two parties; if the negotiation fails, the decision shall be made by the People's Court. The application fee is paid in advance by the applicant. However, when applying for the execution of legally effective judgments, rulings, and mediation documents of the People's Court, awards and mediation documents made by arbitration institutions in accordance with the law, debt documents legally enforceable by notary institutions, and cases involving bankruptcy, the execution application fee shall not be borne by the applicant. The execution application fee is paid in advance, the execution application fee is paid after execution, and the bankruptcy application fee is paid after liquidation.
2. How much does it cost to hire a lawyer for divorce?
The cost of hiring a lawyer needs to be discussed separately with the lawyer.
Currently, lawyers in different regions charge different fees for handling divorce cases. Lawyer fees in economically underdeveloped areas generally start from 500 yuan to 1,000 yuan; in economically developed areas, such as Beijing, Shanghai, Guangzhou and other big cities, lawyer fees are relatively high. For example, in Beijing, some lawyers can handle a divorce case for only 2,000 to 3,000 yuan; some lawyers can charge as high as 10,000 yuan; in addition, lawyer fees also vary depending on the amount of the dispute in the case. At present, there are generally two types of lawyer fees:
First, the fee starts with a certain amount, and then a certain fee is charged based on the disputed property exceeding a certain amount. For example, a certain lawyer’s fee standard starts at 5,000 yuan. In other words, no matter how small the amount in dispute is, or even if there is no dispute over the same property, the starting fee is 5,000. If the property in dispute exceeds a certain amount (usually 100,000 yuan), a certain percentage will be charged for the excess. In short, the more property your home has, the higher the attorney’s fees may be.
Second, risk agency: pay a certain basic fee, and then determine a fee amount for the amount of property returned. This type of case is generally applicable to cases where the focus of the dispute is the division of property. The difficulty in such cases generally lies in the collection or execution of separate property. For example, one party does not know the other party’s stock situation or bank deposit situation, or the company’s equity holdings, or the other party’s property is dispersed in various provinces, cities or even various countries. Lawyers are required to do a lot of investigation and evidence collection. In order to encourage lawyers to work enthusiastically, when both parties reach an agreement, the client will first pay a certain amount of start-up capital (usually about five thousand yuan), and then the lawyer will obtain relevant evidence, search for the other party's property, and do property preservation work, and will always be responsible. to the execution after the judgment of the case. From the property returned from execution, the lawyer extracts a certain percentage of remuneration, currently generally around 10-20.
If a lawyer needs to be hired during the lawsuit, the lawyer's fees will be borne by the hiring party. Even if the lawsuit is won, the other party cannot be asked to bear it.
In practice, if the case for divorce is more complex or the amount of property is relatively large, it is better to hire a lawyer. After all, a lawyer can help you collect evidence and provide favorable suggestions. To seek the best interests for you.
Legal Basis
Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be based on litigation claims The amount or price shall be paid cumulatively according to the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each item;
2. If it exceeds 10,000 yuan to The portion exceeding RMB 100,000 shall be paid at 2.5%;
3. The portion exceeding RMB 100,000 to RMB 200,000 shall be paid at 2%;
4. The portion exceeding RMB 200,000 to RMB 200,000 shall be paid at 2%; The portion exceeding 500,000 yuan shall be paid at 1.5%;
5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;
6. The portion exceeding 1 million yuan to 1 million yuan shall be paid at 1%. The portion exceeding 2 million yuan shall be paid at 0.9%;
7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at 0.8%;
8. The portion exceeding 5 million yuan to 5 million yuan shall be paid at 0.8%. The portion exceeding 10 million yuan shall be paid at the rate of 0.7%;
9. The portion exceeding 10 million yuan to 20 million yuan shall be paid at the rate of 0.6%;
10. The portion exceeding 20 million yuan Part of it is paid at 0.5%.
(2) Non-property cases should be paid according to the following standards:
1. Divorce cases should be paid between 50 yuan and 300 yuan for each case. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to compensation for damages, if the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan, 1% will be paid; for the part exceeding 100,000 yuan, 0.5% will be paid.
3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.
(4) Each labor dispute case shall be paid 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each;
2. Other administrative cases The fee for each case is 50 yuan.
(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.