Enquiring knowledgeable people Inquisitive education Hospital Treasury

Procedure of divorce lawsuit

home page

Procedure of divorce lawsuit


        

Submit answer
Favorable reply
  • 2024-06-24 19:01:44

    Litigation divorce is divided into three stages: prosecution, trial and judgment.
    1. Prosecution. The prosecution of divorce cases means that one party of the marriage relationship submits a request to the people's court to dissolve the marriage relationship with the other party according to law. The litigant who sues is the plaintiff, and the litigant who is sued is the defendant. After the litigation starts, the litigant enjoys the litigation rights and assumes the litigation obligations according to law.
    2. Trial. Trial refers to the sum of all the investigation work done by the people's court after receiving the lawsuit, starting the litigation procedure and making the judgment. According to the provisions of China's Civil Procedure Law, the trial is divided into three stages: preparation before trial, mediation, and court hearing.
    3. Judgment. According to the court trial, mediation should be carried out again. If mediation fails, a judgment should be pronounced. All judgments of the people's court shall be made in public. If a judgment is pronounced in court, the written judgment shall be served within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced. The first instance procedure of divorce case is over. If the parties are not satisfied with the judgment, they can appeal to the higher court for the second instance. Legal basis: Article 32 of the Marriage Law of the People's Republic of China, if one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person 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 one party is declared missing and the other party files a divorce lawsuit.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):