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How to handle the divorce procedures for divorce in different places

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How to handle the divorce procedures for divorce in different places


        

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  • 2024-05-26 00:00:04

    Divorce procedures for non local litigation:

    1. Write the divorce indictment;

    2. Prepare the evidence required for divorce;

    3. Submit the divorce indictment and evidence to the competent court;

    4. The court decides whether to accept the divorce action;

    5. After the court accepts the divorce case, it shall send a copy of the indictment 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 act as agents for divorce proceedings;

    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 child rearing problem.

    [Legal basis] In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, relevant organizations can mediate or directly file a divorce lawsuit with the people's court.

    When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation 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.

    Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

    w***

    2024-05-26 00:00:04

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