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What evidence should be submitted for divorce jurisdiction objection

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What evidence should be submitted for divorce jurisdiction objection


        

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  • 2024-06-24 00:00:59

    Article 127 of the Civil Procedure Law stipulates: "After the people's court has accepted the case, if the parties have any objection to the jurisdiction, they shall raise it during the submission of the statement of defense. The people's court shall review the objection raised by the parties. If the objection is justified, it shall rule to transfer the case to the people's court with jurisdiction; if the objection is not justified, it shall rule to reject it.". If the parties do not raise objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court to which the lawsuit is filed has jurisdiction, except for those who violate the provisions on hierarchical jurisdiction and exclusive jurisdiction. " The following evidence is required for the objection to the jurisdiction of divorce:
    1. Evidence that can prove that the place of residence or habitual residence is not in the court accepting the case, such as the household register, the certificate issued by the public security organ, etc.
    2. Evidence that the place of residence of the decedent or the place where the main estate is located at the time of death is not in the court accepting the case.
    3. Other evidences that can prove that the court accepting the case has no jurisdiction. Because the cases of marriage and family disputes are relatively complex, the Civil Procedure Law stipulates the acceptance scope of the people's court in many cases, so the parties should find evidence to refute the case by asking the people's court for the reasons for accepting the case in practice.
    4. It should be reminded that the application for jurisdiction objection to the people's court must be submitted within 15 days after receiving the indictment, otherwise, the right to apply for jurisdiction objection will be lost. At the same time, when applying for jurisdiction objection, corresponding evidence shall be submitted to the people's court so that the people's court can timely review and make a corresponding ruling.

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