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How should both parties sue for divorce

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How should both parties sue for divorce


        

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  • 2024-06-26 08:00:49

    You can sue at the defendant's habitual residence (continuous residence for one year or more). If you do not have a habitual residence, you can sue at the defendant's residence at the time of prosecution. Legal provisions: Article 12 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China, where both husband and wife have left their places of residence for more than one year, and one party files a lawsuit for divorce, the case shall be under the jurisdiction of the people's court of the place where the defendant often resides; If there is no place of habitual residence, the case shall be under the jurisdiction of the people's court of the place where the defendant resides when the plaintiff brings a lawsuit. The legal reason for divorce is that the couple's feelings have really broken down and mediation is invalid. The legal reasons for divorce judgment, also known as the legal reasons or standards for divorce judgment, are the basis for the court to grant divorce. The second paragraph of Article 32 of China's Marriage Law (Amendment) stipulates: "The people's court shall mediate in the trial of divorce cases; if the feelings have really broken down and the mediation is invalid, divorce shall be granted." This provision indicates that whether or not to grant a divorce after one party applies for divorce does not depend on whether or not the other party agrees to divorce, It is decided by the court according to whether the relationship between the husband and wife has really broken down and the mediation is invalid. It can be seen that "whether the feelings are really broken and the mediation is invalid" is the principle boundary for the people's court to determine whether to leave or not when hearing divorce cases. It has two meanings: first, if the relationship between husband and wife has really broken down, the mediation has no effect on granting divorce; Second, if the relationship between husband and wife is not broken or not completely broken, even if the mediation is invalid, divorce is not allowed. The "facts and reasons" stated by the parties in the divorce petition must meet the following points:
    1、 The "facts and reasons" of divorce petition must be objective and true facts; his
    2、 The "facts and reasons" of the divorce petition must have sufficient evidence to prove it; his
    3、 The "facts and reasons" of the divorce petition must meet the factual requirements of the "claims" of the divorce petition. In the trial and adjudication of divorce cases by the people's court, the parties shall appear in court except those who cannot express their will. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court; Since divorce cases involve the privacy of the parties to varying degrees, if the parties apply for a closed hearing, they may not hear the case in public, but the judgment may be announced in public; If one party to a divorce case dies in the process of litigation, the relationship between the two parties will naturally disappear. The divorce proceedings have no practical significance, and the people's court should terminate the proceedings. 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 any divorce case where the judgment forbids divorce and mediation is good, without new information and reasons, the plaintiff shall not re sue for divorce within 6 months, and the defendant shall not be subject to the above period. In practice, when one party resolutely disagrees with the divorce and there is no legal decision for divorce, the plaintiff often needs to wait 6 months to file a second divorce lawsuit.

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