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Filing for divorce and encountering domestic violence

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Filing for divorce and encountering domestic violence


        

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  • 2024-06-22 14:00:59

    1、 The first step to divorce is to write a divorce petition.
    1. State the basic information of the defendant and plaintiff at the beginning, specifically the name, gender, date of birth, nationality and place of residence
    2. Specify the claims, which generally involve the following aspects in the divorce proceedings:
    1. Request the court to judge divorce
    2. Issues related to child rearing, including who is raising the child, the amount of alimony, and the time and method of visiting the child
    3. Request for division of property
    3. Write the facts and reasons, summarize when the two parties get married, when they have children, and why they divorce.
    4. Name and date of the complainant. The divorce petition can be written or oral. If a lawsuit is filed orally, the court will make a record, which requires the signature or seal of the prosecutor.
    2、 Prepare the evidence necessary for domestic violence litigation divorce.
    The evidences mentioned here mainly refer to the originals and copies of domestic violence evidences, marriage certificates, ID cards, children's household registration or birth certificates, and relevant property evidences, including the originals and copies of property certificates.
    3、 Take two copies of the indictment prepared before and two originals and photocopies of evidence materials to the court where the defendant's household registration is located or where both parties have resided for more than one year to sue for divorce and go through relevant procedures in the filing court.
    4、 The filing court will review whether to accept the divorce case brought by domestic violence, pay the litigation fees, and go home.
    5、 After the court has accepted the domestic violence divorce case, it will serve the other party with a copy of the indictment, evidence and other materials within the statutory time. The court arranges the hearing time and sends summonses to both parties.
    6、 Divorce mediation is a mandatory procedure stipulated by the law, so if the other party agrees to divorce, the court will organize both parties to conduct divorce mediation, either in front of the court or at the beginning of the court session, ask whether the two parties are willing to mediate. If the mediation is successful, a civil mediation statement shall be issued. If they do not agree to divorce or the mediation fails, the court session will continue.
    7、 At the hearing, both parties can entrust lawyers or other agents, and the court will decide whether to grant divorce according to the evidence and claims provided by both parties, and make decisions on child rearing, property division and other aspects. At this time, the court may decide to divorce or not to divorce. Generally, if the defendant does not agree to divorce for the first time, the court will decide not to divorce.

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