The process of suing for divorce

In the process of suing for divorce, a beautiful marriage life is what everyone yearns for, but it is not easy to maintain a marriage for a long time. Divorce is a common phenomenon in modern society, but after divorce, we must deal with a series of problems such as prosecution and household registration transfer. Let's take a look at the process of suing for divorce.

Process of suing for divorce 1 (1) Prosecution stage

This stage includes the following three steps:

1. The plaintiff submits the complaint, copy and relevant evidence to the people's court.

2. The people's court accepts the documents and materials submitted by the plaintiff for examination.

3. After examination, if the prosecution meets the legal provisions and requirements, make a decision on acceptance and file a case; Otherwise, return the plaintiff's documents and materials and inform them of the reasons for rejection.

(2) the defense stage

1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply.

2. The defendant shall file a reply within 15 days from the date of receiving the copy of the indictment served by the people's court.

If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment.

If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.

(3) the trial stage

This stage enters the substantive stage of divorce proceedings, mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following program steps:

1, court investigation;

2. Court debate;

3. The judge presides over mediation;

4. Mediation is invalid and judgment is invalid.

Conditions for suing for divorce

1. One of the husband and wife asks for a divorce, and the other party does not agree to divorce.

Both husband and wife are willing to divorce, but they can't reach an agreement on issues such as child support and property division.

3. A de facto marriage that has not been registered according to law and lives together in the name of husband and wife and is recognized by law. For the voluntary divorce of both parties who meet the conditions of registered divorce, if the parties are unwilling to register for divorce for some reason, litigation divorce can also be applied.

The process of suing for divorce II. What is the detailed process of suing for divorce?

(a) courts.

The first step in the court divorce procedure is to sue. The materials required for prosecution include: the indictment and its copy, ID card, household registration book, evidence of the main reasons for the breakdown of feelings caused by marriage certificate, and proof of the basic situation and upbringing of children. (standard form of divorce indictment)

(2) the court trial stage

This is the most important divorce procedure in the court.

1. put on record. If the court meets the conditions for filing a case after receiving the complaint, the court will send a copy of the complaint to your spouse within 5 working days after filing the case. Your spouse should submit the defense within 15 days after receiving the copy of the complaint.

2. Mediation. After hearing the divorce materials, the court will not immediately conduct a trial, but mediate before the court session. If mediation fails, the court will hold a hearing.

3. Court trial. During the trial, the specific process is as follows: before the trial, the clerk will find out whether the parties and other participants in the proceedings are present in court and announce the court discipline. The judge checks the parties, announces the cause of action, and announces whether the judge withdraws;

After that, the court began to investigate and ask the parties and their statements; Inform the parties of their rights and obligations, ask witnesses, and read the testimony of witnesses who did not appear in court; Ask the appraiser and read the appraisal conclusion; Produce documentary evidence, physical evidence and audio-visual materials; Read the interrogation record. After that, the court debate began, the plaintiff and his agent ad litem spoke, the defendant and his agent ad litem spoke, and the two sides debated each other.

(3) Court decision

Finally, according to the trial situation, mediation will be conducted again. If mediation fails, a verdict will be pronounced. Those who refuse to accept the judgment may appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.

Second, what should I bring to the court to sue for divorce?

The indictment, marriage certificate, identity card and other necessary materials and evidence:

(1) Proof of basic marital status. Such as free love, introduction or arranged marriage, remarriage, remarriage and other supporting materials.

(2) proof of changes in marital feelings and reasons for divorce. If divorce is caused by the intervention of a third party, provide the specific facts, witness testimony, audio-visual materials and other supporting materials of the intervention of the third party; If there are physical defects or mental illness, provide diagnosis and identification; Those who have bad hobbies such as gambling and drug abuse or have been sentenced to long-term imprisonment shall provide materials such as the decision of the public security organ and the court judgment.

(3) proof of the status quo of the relationship between husband and wife. If separated, provide the time, reason, separation agreement and other materials; If divorce has been sued, provide materials such as court judgments and rulings; If there has been a fierce conflict between the families of both parties, provide the police record materials of the public security organs.

(4) Proof of economic conditions of both parties. Proof of income, deposit, creditor's rights and debts of both parties, such as unit certificate, salary card, tax payment certificate, depositor, account number, amount, creditor's rights and debts, debtor's name and address, etc.

(5) If the other party needs financial help, provide proof of illness or inability to work and financial resources.

(6) If economic compensation is needed, provide property agreement, testimony of one party raising children and caring for the elderly, recording materials, etc.

(7) If the other party is required to pay compensation for mental damage, provide evidence of the other party's bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members.

Usually, both husband and wife can't agree to divorce before filing for divorce. The specific process of suing for divorce is different from that of divorce by agreement, and the materials to be provided are also different. Because the law stipulates that mediation must be conducted first in the process of divorce proceedings, it is also possible for both husband and wife to divorce through mediation.

Third, the identification and evidence of the breakdown of marriage relationship.

(1) Evidence to prove bigamy or cohabitation of a spouse with others.

1, "letter of guarantee", "letter of apology", etc. Written evidence of repentance written by one party when the extramarital affair was exposed.

2. The derailment was investigated and recorded by the police.

3, the unit verified the extramarital affairs of employees, to deal with their life style issues for material review.

4. Letters, short messages, emails, blogs, diaries, QQ chat records, etc. In addition to written evidence, it is best to notarize SMS, email, blog and QQ chat records. Before being submitted to the court; If the conditions don't allow, you can find a way to save it yourself. Mobile phone messages can be taken with your mobile phone with a digital camera, and computer and network data can be intercepted and saved in full screen.

5. It is difficult to collect the evidence of sexual behavior in bed, but it can be obtained by taking photos and videos, but be careful not to invade privacy.

6, the people's court finds that one party bigamy legal documents.

7. Documentary materials about extramarital affairs of husband and wife.

8. Videos or photos of couples and third parties going out in pairs, holding hands and hugging, and entering and leaving the room in public places.

9. Property management personnel, neighbors, neighbors, relatives and friends, etc. Eyewitness testimony.

(two) evidence to prove the implementation of domestic violence or abuse or abandonment of family members.

1, repentance of the perpetrators.

2. Evidence of complaints and mediation to women's federations, neighborhood offices and neighborhood committees.

3, after suffering from domestic violence alarm records or inquiry records, and the injury report issued by the public security organs.

4, the hospital disability, injury identification.

5. Testimonies of witnesses such as family members and neighbors.

(three) evidence to prove that gambling, drug abuse and other bad habits do not change.

1, witness testimony of relatives, friends and neighbors.

2, the unit, neighborhood committees and village committees on gambling, drug abuse and other educational materials.

3. The punishment decision made by the public security organ or the reeducation through labor decision made by the reeducation through labor committee.

4. The guilty verdict of the judiciary.

(4) Evidence of separation for two years due to emotional disharmony.

1. Lease agreement for renting a house separately after separation, or proof of the landlord and other cohabitants.

2, the proof of the local neighborhood committee.

3. Proof of residential property management office.

4. Witness testimony of relatives, friends and neighbors.

5. Evidence of correspondence and employment between the two parties.

6. Temporary residence permit for one party to work in other places during the separation period.

7. In addition, if one party claims that the limitation of separation is interrupted because it stays overnight during the separation period, it shall bear the burden of proof for this fact.

(5) Evidence that one party was declared missing and the other party filed divorce proceedings.

1, the public security organ proves that one party is missing.

2. The people's court's judgment on the disappearance of one party.

(6) Evidence of other circumstances leading to the breakdown of the relationship between husband and wife.

1, a medical certificate issued by a hospital at or above the county level that suffers from a disease prohibited by law from getting married.

2, suffering from mental illness and incurable hospital certificate.

3. The parties who got married hastily prosecuted themselves, the insider's testimony and the statement that they still have no feelings after marriage.

4. The judgment that one party was sentenced for a crime.

The process of suing for divorce 3 1. The first-instance procedure of litigation divorce includes three stages: prosecution, trial and judgment.

1, sue.

The prosecution of divorce cases means that one party to a marriage relationship requests the people's court to dissolve the marriage relationship with the other party according to law. To sue for divorce, the following conditions must be met:

(1) The plaintiff must be a person who has a direct interest in the case.

(two) there are clear defendants, specific claims and factual basis.

(3) Conducive to the jurisdiction of the people's court. The plaintiff shall submit a complaint or reasons for oral prosecution to the people's court (generally, there are many written documents, and the court is unlikely to accept oral prosecution unless it is old, weak and sick).

Civil complaints include the following aspects:

(1) Name, age, place of origin, work unit, current address and telephone number of the original defendant.

(2) the request and the facts or reasons on which it is based.

(3) Evidence and its sources, names and addresses of witnesses. The people's court shall file a case within seven days after receiving a complaint or oral prosecution, and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.

2. trial.

Trial is the sum of all the investigation work done by the people's court before receiving the prosecution, starting the litigation procedure and making a judgment. According to the provisions of China's procedural law, the trial is divided into three stages: preparation, investigation and trial.

(1) Pre-trial preparation includes the following contents: the people's court shall send a copy of the complaint to the defendant within 5 days after accepting it, and the defendant shall submit a defense within 15 days after receiving the complaint; Judges examine litigation materials, conduct investigations and collect evidence; If the lawsuit or the respondent does not meet the requirements of the parties, the people's court shall notify the eligible parties to participate in the lawsuit, replace the unqualified parties, and carry out litigation preservation or pay in advance according to the requirements of the parties.

(2) In divorce cases accepted by the people's courts, after investigation, on the basis of finding out the facts and distinguishing right from wrong, the parties are organized to reconcile contradictions, eliminate differences, reach mutual understanding and reach an agreement. After investigation, a conciliation statement is made, which is signed by the judges and clerks and stamped with the seal of the people's court. After the mediation is served, it has the same legal effect as the judgment. Both sides must abide by it.

(3) If mediation fails, a court session shall be held. The court hearing shall be conducted according to the following steps: notify the parties of their names, causes of action, time and place of court hearing 3 days before the court session; Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court; Declare court discipline; The judge finds out whether the parties and other participants in the proceedings appear in court and announces the court discipline;

The judge checks the parties, announces the cause of action, announces whether the judge applies for withdrawal, and then begins the court investigation; The court investigation shall be conducted in the following order; Ask the parties and their statements. Inform witnesses of their rights and obligations, ask witnesses, and read out the testimony of witnesses who did not appear in court. Ask the appraiser and read the conclusion of the appraisal Committee. Show documentary evidence, physical evidence and audio-visual materials. Read the interrogation record; Court debate, the plaintiff and his agent ad litem speak, the defendant and his agent ad litem speak, and the two sides argue with each other.

3. referees

Mediation can be conducted according to the trial situation. If mediation fails, a verdict will be pronounced immediately. All trials in the people's courts are held in public. If the case is heard in court, the judgment shall be issued within 10 days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced. At this point, the first instance procedure of divorce case is over.

Second, the second instance procedure of divorce proceedings

1, the second trial procedure begins.

If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. The appeal period against the ruling is within ten days from the date of service.

2. Specific procedures: The appeal shall be filed through the people's court that originally tried the case, and copies shall be filed according to the number of the opposing parties. When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt.

The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days. The people's court of second instance may hear the case in writing or in court according to the specific circumstances of the case. For cases of second instance, the people's court shall handle them separately according to the following circumstances:

(a) the original judgment found that the facts were clear and the applicable law was correct, dismissed the appeal and upheld the original judgment; (2) If the original judgment was wrongly applied by law, the judgment shall be changed according to law; (3) If the original judgment finds that the facts are wrong, or the original judgment finds that the facts are unclear and the evidence is insufficient, it shall revoke the original judgment and send it back to the people's court that originally tried the case for retrial, or revise the judgment after finding out the facts; (4) If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.

3. During the second trial

The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case in the second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.