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How to handle the divorce proceedings in different places, and what are the steps of divorce

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How to handle the divorce proceedings in different places, and what are the steps of divorce


        

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  • 2024-06-24 09:00:00

    Specific procedures of divorce proceedings:
    1. Draft indictment;
    2. Prepare the evidence required for litigation;
    3. Submit the complaint and evidence to the competent court;
    4. The court decides whether to accept the lawsuit;
    5. After the court accepts the divorce case, it shall send a copy of the petition to the other party within the statutory time;
    6. The court arranges the hearing time and sends summonses to both parties;
    7. Hearing: Both parties can entrust lawyers or other professionals to represent them in litigation;
    8. The court made a judgment on whether to grant divorce, how to divide the property and how to solve the problem according to the plaintiff's claim and the evidence submitted by both parties.
    Relevant laws and regulations:
    Article 31 of the Marriage Law: Divorce is granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 If one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years 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.

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