1、 One party is serving a sentence, the other party is suing for divorce
 1. The first step in the divorce procedure of the court is to sue. The materials needed for prosecution include: the indictment and its copy, ID card, residence certificate, marriage certificate, proof of the main reasons for the emotional breakdown (one party serving a sentence), proof of the basic information and upbringing of the children, etc.
 2. Court trial stage: case filing; Mediation; Hearing
 3. Court judgment: according to the court trial, mediation will be carried out again. If mediation fails, the judgment will be pronounced. If he is not satisfied with the judgment, he may appeal to the people's court at the next higher level within 15 days after the written judgment is served.
 2、 Determination of the competent court when one party is serving the sentence and the other party is suing for divorce
 According to Article 8 of the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China, if both parties are imprisoned or compulsory education measures are taken, the case shall be under the jurisdiction of the people's court of the place where the defendant was originally domiciled. If the defendant is imprisoned or compulsory education measures are taken for more than one year, the people's court of the place where the defendant is imprisoned or compulsory education measures are taken shall have jurisdiction.
 However, if only one party serves his sentence in prison, the court of the plaintiff's domicile shall have jurisdiction.