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What is the practice of suing for divorce property division

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What is the practice of suing for divorce property division


        

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  • 2024-06-06 01:00:01

    If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. The procedure for unilaterally suing for divorce is as follows:

    1. It is to find the competent court, which is generally the court where the defendant's domicile is located;

    2. It refers to the materials to be sued, including the indictment, ID card, marriage certificate, evidence of relevant property, evidence of the other party's fault, evidence of emotional breakdown, etc. In divorce proceedings, if the claim is to be supported by the court, corresponding evidence must be presented;

    3. The case is filed. The court will file a case if it meets the conditions for filing after review;

    4. Mediation. The court will mediate between the parties after filing the case.

    5. If mediation is not possible, the court will be held directly.

    [Legal Basis]

    Article 1079 of the Civil Code of the People's Republic of China states that if one of the husband and wife requests divorce, 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.

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