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What materials do you need for divorce prosecution

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What materials do you need for divorce prosecution


        

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  • 2024-06-19 11:00:59

    One party needs the following necessary materials when filing for divorce:
    (1) The original identity card of the plaintiff shall be returned to the plaintiff upon review.
    (2) The marriage certificate and the marriage status certificate issued by the marriage registration authority can generally be provided for the proof of the relationship between husband and wife.
    (3) The proof of the joint property of husband and wife can generally be submitted by submitting a list of property, and can also be submitted specifically at the hearing.
    (4) If there are children, the birth certificate and household register of the children shall also be submitted.
    (5) If it is the second time to sue for divorce, the plaintiff should also issue the effective judgment form from the court.

    Legal basis: Civil Code

    Article 1079 If one of the husband and wife requests divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation 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. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

    x***

    2024-06-19 11:00:59

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