Enquiring knowledgeable people Inquisitive education Hospital Treasury

How can a divorce be successful by suing for divorce

home page

How can a divorce be successful by suing for divorce


        

Submit answer
Favorable reply
  • 2024-06-23 14:00:48

    [Legal Opinion]
    The relationship between husband and wife is really broken
    1. Write a civil petition, the first part of which states the name, gender, date of birth, nationality and domicile of the plaintiff and defendant; the second part of which states the claim; the third part of which states the facts and reasons, including when to marry, when to have children, and why to divorce. It is better to print the petition, but the last part must be signed by hand
    2. Bring a lawsuit in the basic court (district or county court) where you are domiciled, and go through the filing formalities in the filing court
    3. When filing the case, submit 2 copies of civil petition, marriage certificate, couple's ID card (at least their own), and the original of the child's household registration or birth certificate. If there is property that needs to be divided by the court, bring property related evidence, such as property certificate, motor vehicle license, etc. Two sets of copies of evidence shall be submitted (one in the court file and one to the other party)
    4. Payment after review by the filing court
    5. Give the payment bills and materials to the court for filing and go home
    6. The court will schedule a court session for your case, and serve the copy of the petition, evidence and other materials to the defendant. After serving the defendant, you will be notified of the time of the court session, and you need to go to the court to get the subpoena for the court session
    7. If the other party also agrees to divorce, the court may ask both of you to mediate (in our civil cases, mediation is a necessary procedure, you will not be organized to mediate before the court session, and you will also be asked if you are willing to mediate). If the mediation is successful, a Civil Mediation Statement will be issued. Mediation can be divided into two types, which may mediate divorce, or you can do your work well. Do not divorce, and close the case
    8. If the mediation fails, the court will be held. If the mediation fails, the court will make a judgment and finally issue the Civil Judgment
    9. The judgment may or may not result in divorce. In general, if the defendant disagrees with the divorce for the first time, the court will rule against divorce. Your friend can sue for divorce again six months after the judgment comes into effect.
    [Legal Basis]
    Marriage Law
    Article 32 [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce proceedings with the people's court.
    When hearing a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and the mediation is ineffective, divorce shall be granted.
    Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation with others
    (2) Committing domestic violence or abusing or abandoning family members
    (3) Gambling, drug taking and other bad habits persist 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):