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How to apply for divorce?

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How to apply for divorce?


        

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  • 2024-06-23 12:00:03

    The procedure of suing for divorce includes three stages:
    (1) Stage I: Prosecution
    This stage includes the following three procedures:
    1. The plaintiff submits the indictment, copies and relevant evidence to the people's court;
    2. The people's court accepts the documents and materials submitted by the plaintiff and reviews them;
    3. After examination, the lawsuit complies with the legal provisions and requirements, and the acceptance decision is made and the case is filed. Otherwise, the plaintiff's documents and materials will be returned and the reason for rejection will be informed.
    (2) The second stage: the defense stage
    1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of the decision to file the case, and inform the defendant to make a written defense;
    2. The defendant shall make a written defense within 15 days from the date of receiving the copy of the indictment served by the people's court.
    If the defendant does not submit a defense within 15 days, the people's court will try the case and make a judgment as usual.
    If the defendant is indeed unable to make a reply within 15 days due to reasons other than his own will, he may apply to the people's court according to the facts for an extension, and the president of the people's court may make a decision on the extension.
    (3) The third stage: trial stage
    This stage enters the substantive stage of divorce proceedings, which is mainly to review the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following programs:
    1. Draft indictment
    2. Prepare evidence required for litigation
    3. Submit complaint and evidence to the competent court
    4. The court decides whether to accept the lawsuit
    5. After the court accepts the divorce case, it will send a copy of the petition to the other party within the statutory time
    6. The court arranges the hearing time and sends summonses to both parties
    7. Hearing: Both parties can entrust lawyers or other professionals to represent them in litigation (generally, the divorce party must appear in court, and if it is really impossible to appear in court due to special reasons, a written opinion on whether to divorce must be issued to the court)
    8. According to the plaintiff's claim and the evidence submitted by both parties, the court made a judgment on whether to grant divorce, how to divide the property, and how to solve the problem of child rearing.

    Xu***

    2024-06-23 12:00:03

  • civil Relevant knowledge

  • law

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