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What to do after receiving a divorce summons

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What to do after receiving a divorce summons


        

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  • 2024-06-26 06:01:44

    After receiving the divorce summons from the court, prepare to respond to the lawsuit according to the hearing time, and submit evidence materials within the time of adducing evidence, or request the court to mediate. The Marriage Law stipulates that the people's courts should conduct mediation when trying divorce cases; Divorce shall be granted in case of emotional breakdown and ineffective mediation. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a spouse 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 the defendant of one party is missing and the other party files a divorce lawsuit. There are four main divorce evidence collection methods:
    (1) Through lawyer investigation, such as industrial and commercial data, property certificate, land ownership and other registration data;
    (2) The party concerned provides such as marriage certificate, household registration book, guarantee or letter of repentance;
    (3) Obtain effective evidence with the help of public security organs and other administrative departments. Such as the record made by the domestic violence police;
    (4) Apply to the court for investigation and evidence collection or evidence preservation. Such as bank inquiry, securities inquiry, etc. Attention should be paid to the acquisition and preservation of such evidence:
    (1) Avoid infringement, such as breaking into others' houses and taking photos secretly. Even if the evidence obtained reflects the truth, it also infringes citizens' rights of personality, privacy and other legal rights. It can not be used as legal evidence, and may face legal liability for infringing others' rights.
    (2) Timely submit the short message, communication software chat record, e-mail and other evidence for notarization to ensure the probative force;
    (3) The audio recording materials submitted to the court shall be clear and complete, without arbitrary deletion or editing. The audio documents obtained by high-tech means such as recording pens shall be transcribed on tapes or recorded on optical disks and other material carriers, and the recording records shall be attached for the court to consult;
    (4) The collected hair, blood, saliva and other DNA paternity test materials and samples should be kept and submitted for inspection according to the requirements of the judicial appraisal institution to ensure the authenticity and validity of the appraisal conclusions;
    (5) The evidence materials involving the privacy of the parties obtained by legal means shall be properly kept. Except for being submitted to the lawyer and the court, they shall not be spread to cause damage to the reputation of others, nor shall they blackmail others to seek illegitimate interests.

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