What is the procedure for a litigated divorce? Thank you! 20

Divorce by litigation is divided into three stages: prosecution, trial, and judgment.

1) Prosecution. Litigation in divorce cases refers to a request by one party to the marriage relationship to the people's court to dissolve the marriage relationship with the other party in accordance with law.

One of the parties to the lawsuit is the plaintiff, and the party being sued is the defendant, and after the litigation begins, the parties enjoy the litigation rights and bear the litigation obligations in accordance with the law.

2) Trial. "Trial" refers to the sum total of all investigative work done by the people's court after receiving the indictment, starting the litigation procedure, and before making a judgment.

In accordance with the provisions of China's Civil Procedure Law, the trial is divided into three stages: pre-trial preparation, mediation, and trial: Pre-trial preparation.

After receiving the divorce lawsuit, if the people's court finds that the requirements for filing a case are met, it shall file the case within 7 days, and serve a copy of the complaint on the defendant within 5 days of filing the case, and the defendant shall submit a reply within 15 days of receiving the copy of the complaint;

Adjudicators review litigation materials, conduct investigation and research, and collect evidence;

The people's court shall replace the parties that do not meet the requirements for initiating or responding to the lawsuit, and notify the eligible parties to participate in the litigation;

Litigation preservation or advance payment shall be carried out in accordance with the litigation requirements of the parties in accordance with law.

Conciliation. After the people's court accepts a divorce case, it should first mediate between the parties, so that the parties can eliminate their differences and understand each other, so as to reach a divorce or reconciliation agreement.

Where a reconciliation agreement is reached, the people's court is to record the agreement in the case file and generally do not issue a mediation document;

Where a divorce agreement is reached, the people's court shall draft a mediation document, which shall be signed by the adjudicators and clerks, and affixed with the seal of the people's court.

The mediation document has the same legal effect as the judgment.

**Trial. If the people's court fails to mediate, it will conduct a trial.

Notify the parties and other participants of the proceedings of the date three days in advance.

3) Judgment. On the basis of the circumstances of the trial, mediation shall be conducted again, and after mediation fails, the judgment shall be announced.

The people's courts' announcement of judgments is to be conducted in public.

Where the judgment is announced at court, the judgment shall be served within 10 days;

Where the judgment is announced periodically, the judgment is to be issued immediately after the judgment is announced.

The first instance proceedings in the divorce case have been concluded.

If the parties are not satisfied with the judgment, they may appeal to the court at the next higher level and proceed to the second-instance litigation procedure.

If you file a lawsuit in the place where your marriage is registered, the property acquired after the marriage is the joint property of the husband and wife, and the husband and wife divide it equally, and if you have evidence to prove the fact that she is having an extramarital affair outside, you can also demand damages from the other party. Another is the issue of debt, the money you borrowed to buy a house is a joint debt of the husband and wife, which is repaid by both parties. If you apply to the court for a court order that you should maintain the child, you can also ask the other party to pay child support until the child reaches the age of majority.

Hello, you can file a lawsuit with the court and ask the court to grant a divorce! If you do not plan to hire a lawyer to deal with it, it is recommended that you go to the court for consultation, and in general, you should prepare the complaint for the divorce case, a copy of your and your wife's ID cards, and relevant evidence (marriage certificate, property rights certificate, etc.). The issue of property division is more complicated and generally needs to be analyzed on a case-by-case basis!

The procedure of filing a lawsuit for divorce with the court.

Litigation and divorce procedures:

1. Hire a professional lawyer to file a lawsuit with the people's court.

2. Trial by the people's court.

Under normal circumstances, the court will review the case, file the case within 7 days, and serve a copy of the complaint on the defendant within 5 days after the case is filed. After the case is filed, the court will first adjust the parties, and the mediation will not be successful.

3) Judgment. According to the circumstances of the trial, the people's court will conduct another mediation between the parties, and if no agreement is reached in the second mediation, the court will pronounce a judgment.

Note: The court must meet the following four conditions before it can be accepted: the plaintiff must be an individual with a direct interest in the case; There are specific claims, facts, and reasons; There is a defendant and it is clear; It is within the jurisdiction of the people's court that is the subject of the lawsuit.

At the same time, we must bring our personal information with us when we go to court to file a lawsuit.

Litigation divorce is a common divorce method in our daily life, and under normal circumstances, the divorce method will go through the litigation process: the parties file a lawsuit application, the case filing court issues a notice of filing, the civil court conducts the trial, and the court judgment.

Further information: Divorce procedure refers to the dissolution of marriage between spouses'The legal formalities have not been opened. There are two main types of programs in China:

1) Administrative procedures. That is, the procedure of voluntary divorce between the parties. A man and a woman who voluntarily divorce must apply for divorce in person at the registration authority where one of the parties is registered.

The marriage registration authority shall approve or disapprove the registration in accordance with the law after clarifying whether the parties are indeed willing and whether the children and property and the problems of life after divorce have been properly handled. When registration is granted, the marriage certificate shall be withdrawn and a divorce certificate shall be issued.

2) Litigation Procedures. That is, the procedure in which one party requests a divorce. The party requesting a divorce may file a divorce lawsuit with the people's court where the defendant is located.

After the people's court accepts the divorce case, it will first conduct mediation, and if the mediation is successful, it will be handled as a withdrawal of the lawsuit, and if a divorce agreement is reached after mediation, the dry grandson shall make a mediation document and agree on the divorce; If mediation fails, the people's court shall make a judgment in accordance with the law to grant or disapprove the divorce.

Legal analysis: The procedures for filing a lawsuit for divorce are as follows: 1. The party to the lawsuit submits the complaint and evidence to the court; 2. The court reviews the complaint; 3. Accept cases that meet the acceptance conditions; 4. The legal basis for filing cases that meet the requirements for prosecution:

Article 1079 of the Civil Code: [Divorce by Litigation] 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 divorce proceedings, 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.

Article 1080:[Failure at the Dissolution of Marriage Relationship] The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect. Article 1082: [Restriction of the Husband's Right to Sue for Divorce] The husband must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of the pregnancy; However, this is not the case where the woman files for divorce or the people's court deems it necessary to accept the husband's request for divorce.