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Excuse me, what documents are needed for divorce

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Excuse me, what documents are needed for divorce


        

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  • 2024-06-05 19:00:02

    To sue for divorce, the following procedures shall be followed:
    1. Prosecution: the plaintiff submits the indictment, copies and relevant evidence to the court; The court reviewed the documents and materials submitted by the plaintiff, made a decision on whether to file the case, and told the reasons for not accepting the case if it was not accepted. The court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to make a written defense.
    2. Mediation: Mediation is a necessary procedure for the people's court to try divorce cases. Mediation has three results: first, after mediation, the parties make up, the plaintiff withdraws the lawsuit, and the lawsuit ends; Second, the two parties reached a divorce agreement, and the people's court made a divorce mediation statement according to the agreement. After the mediation statement was served, it became legally effective, and the marriage relationship was dissolved from then on; Third, if the mediation is invalid, the next litigation procedure should be started immediately.
    3. Trial and judgment: For divorce cases where mediation is invalid, the people's court shall make a judgment involving divorce or not, property division, child rearing and other issues on the basis of facts and laws.
    In addition, if both parties divorce due to one party's gross fault, the other party without fault can request divorce damages at the time of divorce.
    [Legal Basis]
    In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
    Divorce shall be granted if mediation fails in any of the following circumstances:
    (1) Bigamy or cohabitation with others;
    (2) Domestic violence or maltreatment or desertion of family members;
    (3) Gambling, drug abuse and other bad habits persist in teaching;
    (4) Two years of separation due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
    Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

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