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What materials are needed for divorce registration? What are the procedures for suing for divorce

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What materials are needed for divorce registration? What are the procedures for suing for divorce


        

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  • 2024-06-26 01:00:48

    The procedures for suing for divorce in court mainly include:
    1、 Go to the court to file a lawsuit. The first step in the divorce procedure is to file a lawsuit. The materials needed for the prosecution include: the indictment and its copy, ID card, household register, marriage certificate, residence certificate, evidence of the main reasons for the emotional breakdown, and proof of the basic information and upbringing of the children. (Standard Form of Divorce Complaint)
    2、 At the court hearing stage, this is the most important procedure in the divorce procedure of the court.
    1. Put the case on file. If the court meets the conditions for putting the case on file after receiving the complaint, the court will send a copy of the complaint to your spouse within 5 working days after putting the case on file. Your spouse shall submit a statement of defense within 15 days after receiving the copy of the statement of complaint.
    2. Mediation: After hearing divorce materials, the court will not immediately conduct a trial, but will conduct mediation before the trial. If mediation fails, the trial will be held.
    3. During the court hearing, the specific process is as follows: before the court hearing, the clerk shall find out whether the parties and other litigation participants are present in court and announce court discipline. The judge checks the parties, announces the cause of action, and announces whether the judge has withdrawn; After that, the court investigation shall be started to ask the parties and their statements; Inform the parties of their rights and obligations, question witnesses, and read out the testimony of witnesses who have not appeared in court; Ask the appraiser and read out the appraisal conclusion; Present documentary evidence, physical evidence and audio-visual materials; Read out the records of the inquest. After that, the court debate began. The plaintiff and his agent ad litem spoke, and the defendant and his agent ad litem spoke. Both sides argued with each other.
    3、 At the end of the judgment, the court will conduct mediation again according to the court trial. 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. Divorce proceedings shall be initiated by one party. The general principle of case jurisdiction is "the plaintiff is the defendant", that is, in principle, it should be under the jurisdiction of the people's court where the defendant is located. If the defendant has left his domicile for more than one year, the people's court in the place where the plaintiff resides shall have jurisdiction; If both parties have left their places of residence for more than one year, the case shall be under the jurisdiction of the people's court at the defendant's habitual residence. If there is no habitual residence, the case shall be under the jurisdiction of the people's court at the plaintiff's place of residence at the time of prosecution; If both parties are soldiers, they shall generally be under the jurisdiction of the people's court in the place where the defendant is domiciled or where the organ at or above the regiment level of the defendant's unit is located; If both parties are imprisoned or reeducated through labor, they are generally under the jurisdiction of the people's court in the place where the defendant's original residence is located. If the defendant is imprisoned or reeducated through labor for more than one year, they are under the jurisdiction of the people's court in the place where the defendant is imprisoned or reeducated through labor.

    Liu***

    2024-06-26 01:00:48

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