According to the provisions of relevant laws in China, the divorce property division case is a civil action, and the procedure of the case is to file a lawsuit to the law. After the court accepts the case, it will issue a copy of the indictment to the defendant, and the defendant will defend, the court will hold a hearing, and finally the court will make a judgment.
Civil Procedure Law of the People's Republic of China
Article 21 General territorial jurisdiction
A civil action brought against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If the defendant's domicile is different from his habitual residence, the people's court in the place where he has his habitual residence shall have jurisdiction. A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.
Article 119 Conditions for prosecution
The prosecution must meet the following conditions:
（1） The plaintiff is a citizen, legal person or other organization that has a direct interest in the case
（2） There are definite defendants
（3） There are specific claims, facts and reasons
（4） It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.
Article 125 Service of complaint and submission of defense
The people's court shall send a copy of the bill of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address, contact information of the defendant, the name and address of the legal person or other organization, and the name, position and contact information of the legal representative or the main person in charge of the defendant. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it. If the defendant does not submit a defence, the trial of the people's court shall not be affected.
