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How can outsiders sue for divorce

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How can outsiders sue for divorce


        

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  • 2024-06-26 14:01:43

    1. According to Article 108 of the Civil Procedure Law, there are certain conditions for prosecution. That is:
    (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
    (2) There are definite defendants;
    (3) There are specific claims, facts and reasons;
    (4) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed. Article 109 In bringing a lawsuit, a bill of complaint shall be submitted to the people's court, and copies shall be provided according to the number of defendants. If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall record it in writing and inform the other party.
    2. Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China: A case in which one spouse has left his or her place of residence for more than one year and the other party has filed a divorce suit shall be under the jurisdiction of the people's court in the place where the plaintiff has his or her place of residence. If both husband and wife have left their places of residence for more than one year and one party filed a lawsuit for divorce, the case shall be under the jurisdiction of the people's court of the defendant's habitual residence. If the defendant has no habitual residence, the case shall be under the jurisdiction of the people's court of the plaintiff's residence at the time of filing the lawsuit. Article 5: A citizen's habitual residence refers to a place where a citizen has resided continuously for more than one year from the time he left his domicile to the time of filing a lawsuit. Except where citizens are hospitalized for medical treatment;
    3. If one party's personal freedom is restricted due to a criminal offence, the plaintiff who has lived in the local area for one year or more can sue for divorce in the local area.
    4. If the defendant has served in the army, and the plaintiff has lived in the local area for one year or more, he or she may sue for divorce in the local area. The party who wants to file a lawsuit needs to prove that the other party (the defendant) has resided in the local area for one year, rather than proving that he (the plaintiff) has resided in the local area for one year.

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    2024-06-26 14:01:43

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