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Anonymous users2024-02-051. The first stage: the prosecution stage.
This phase consists of the following three procedures:
1) The plaintiff submits the complaint, copies and relevant evidence to the people's court;
2) The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;
3) After reviewing that the lawsuit meets the requirements of the law, a decision to accept the case is made and the case is filed, otherwise, the plaintiff's documents and materials are returned and the reasons for the inadmissibility are notified.
2. The second stage: the defense stage.
1) The people's court shall serve a copy of the plaintiff's indictment on the defendant within 5 days of the date on which the case is filed, and inform the defendant to make a written defense;
2) Make a written reply within 15 days from the date of receipt of a copy of the indictment served by the people's court.
If the defendant does not file a reply within 15 days, the people's court will hear the case and make a judgment as usual.
If the defendant is truly unable to make a reply within 15 days for reasons other than his own volition, he may apply to the people's court for an extension of time based on the facts, and the president of the people's court may make a decision on an extension.
3. The third stage: ** trial stage.
This stage enters the substantive stage of divorce proceedings, which is mainly to review the evidence, ascertain the facts of the case, distinguish right from wrong, and confirm the rights and obligations of the parties.
If the divorce proceedings are concluded, but if you are not satisfied with the court judgment, you may file an appeal with the Intermediate People's Court within 15 days from the date of receipt of the judgment (10 days for the ruling). If they are not satisfied with the effective divorce judgment (mediation), according to the provisions of the Civil Procedure Law, the parties cannot apply for a retrial, but can only apply for a retrial on the relevant issues of property division and child rearing.
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Anonymous users2024-02-04Legal analysis: 1. Drafting the complaint 2, preparing the evidence required for the lawsuit 3, submitting the complaint and evidence to the court with jurisdiction 4, the court decides whether to accept the lawsuit 5, after the court accepts the divorce litigation case, send a copy of the complaint to the other party within the statutory time 6, the court arranges a time and sends a summons to both parties 7, **: both parties can entrust a lawyer or other professionals to file a lawsuit 8, the court.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and their unanimous opinions on matters such as child support, property, and debt disposition.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Anonymous users2024-02-03Legal Analysis: The procedures for litigation divorce are: 1. The party suing for divorce writes a divorce complaint and submits it to the court.
2. The court shall file a case if it meets the requirements for filing a case. 3. Mediation. Generally, after the people's court accepts the case, it will first conduct mediation between the parties to see if an agreement can be reached.
4. ** Trial. 5. Pronouncement of judgment.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. The People's Qingshi People's Court hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; 2) Committing domestic violence or abusing or abandoning family members; 3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing; 4) Separated for two years due to emotional discord; 5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.
Where, after a people's court has ruled that a divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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Anonymous users2024-02-02The process for the husband to sue for divorce is as follows:
First, if the parties want to divorce by litigation, then the first thing the parties need to do is to sue.
Second, if the court accepts the case, it will notify the defendant in accordance with the law.
Third, the court will notify the parties in accordance with the law before the trial, and fourth, the trial stage. Fifth, there is the verdict.
According to article 120 of the Civil Procedure Law, a complaint shall be submitted to the people's court for initiation of a hidden lawsuit, and copies shall be submitted according to the number of defendants. Article 125 stipulates that the people's court shall send a copy of the complaint to the defendant within 5 days from the date of filing the case, and the defendant shall submit a reply within 15 days from the date of receipt. Article 136 stipulates that when a people's court hears a civil case, it shall notify the parties and other litigation participants three days in advance.
Article 138 stipulates that court investigations shall be conducted in the following order. Article 142 stipulates that at the conclusion of court debate, a verdict shall be made in accordance with law.
Article 119 of the Civil Procedure Law.
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Anonymous users2024-02-01Procedure for the husband to sue for divorce:
Write a complaint and file a divorce lawsuit in court.
Courts that meet the requirements for acceptance accept and file cases. Where the requirements for initiating a lawsuit are met, the case shall be filed within seven days of the lawsuit being filed, and the parties shall be notified; where the requirements for prosecution are not met, the case is not to be filed; After the banquet, the court served the complaint on the defendant.
The court arranges pre-trial mediation.
If the mediation is successful, it will no longer be heard, and the mediation will be arranged by the court if the mediation fails.
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Anonymous users2024-01-31Table of Contents Litigation Divorce Process Filing for Divorce Materials How Long to Prosecute for Divorce Divorce Procedure What are the specific processes of divorce proceedings How to handle a lawsuit for divorce, what is the procedure, and how much does it cost to talk about 1 Litigation Divorce Process The procedure of litigation includes filing a lawsuit application to the court in the people's court, issuing a notice of filing a case by the case filing division, hearing by the civil court, issuing a summons to the other party, mediation by the court, and court passing
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Anonymous users2024-01-30There is the following process for a male court to sue for divorce:
1. After receiving the complaint, if the court meets the conditions for filing the complaint, the court will deliver a copy of the complaint to your spouse within 5 working days after the case is filed. Your spouse files a reply within 15 days of receiving a copy of the complaint.
2. Mediation, after the trial of divorce materials, the court will not immediately conduct a guessing trial, but will conduct mediation before the trial.
3. **Trial. Finally, according to the circumstances of the trial, mediation will be conducted again, and if the mediation fails, a separate judgment will be announced.
Article 32 of the Marriage Law stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. The people's court hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the settlement is invalid, the divorce shall be granted.
I think there must be pros and cons to this thing, first of all, it is a burden on yourself, and it is even worse for children, and it will affect many things in the future, maybe it will fall into the shadows, which is definitely not alarmist. >>>More
It seems that his desire for children and your inability to have children have caused a contradiction, first of all, he must be a very traditional man, the idea of inheritance and the reality of marriage make him contradictory and painful, but he does love you, so he did not divorce you, but with you and the outside world put a lot of pressure on him, so he is depressed, so when he is angry, he will release this depression, and you, now because of this contradiction, have begun to be depressed, and feel that seeing the husband he loves is unhappy for this, and he is also psychologically sad, Both of you have gotten into a dead end, at least he can still be angry with you, to vent this emotion, but you don't, so if you don't deal with it as soon as possible, you will soon have problems, in fact, there is no need to take whether you have children or not so seriously, maybe as a man, I am more avant-garde, in my opinion, I personally prefer the Dink, maybe you will say that this is an immature idea, then I want to ask, why do you have to have children to get married? Breed your own offspring? If this is explained, I don't think my own breed is very good, it doesn't matter; Pinning your hopes on the next generation? >>>More
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>More
Maybe it's still too young, and the handling of many problems is still lacking, and it has not yet reached the legal age of marriage to get a license, and maybe you can't really understand what marriage is when you hastily enter the marriage, these may be the antecedents of the problem, of course, it is useless to talk about these now, the problem now is that you have to have a good talk with your husband, you say that you still love him, then look at his thoughts, if he still loves you, then you have to work hard for your future life, (As for the house you are talking about, you are still so young that you can do it by your own efforts, as long as you have faith in each other and your future, then these so-called problems are not a problem.) If he doesn't love you anymore, that's okay, pack up your own mood and start over, you know? For a man who doesn't know how to love you, doesn't know how to love you, the smart girl's approach is to leave him as quickly as possible, dear you are still so young, there is still a long way to go, I believe you will find the one who really loves you, bless you!
At first, the old man urged the major event in life to get married and have children. It turned out to be not at all. And he left. >>>More