How to write a request for divorce proceedings, how to write a request for divorce proceedings

The request for divorce proceedings is written as follows:

1. The claim states that the relationship between the husband and wife has indeed broken down, and the people's court is requested to grant a divorce;

2. If you have a child and want custody, you may write a litigation request requesting the people's court to award the child to yourself, and if you do not want custody, you may request the people's court to award the child to the other party, and then pay the child support by yourself, and you may propose the specific amount of child support, or you may request the people's court to determine the amount of child support in accordance with the law;

3. Where there is joint property of the husband and wife, the people's court may be requested to divide the joint property of the husband and wife in the written claim.

Civil Code of the People's Republic of China

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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, parody, 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) Separation due to emotional discord for two years;

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, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

1. The names, genders, ages, ethnicities, occupations, places of origin, workplaces, and addresses of the plaintiffs and defendants should be clearly stated. If there is a litigant, the litigant's surname, occupation, address, work unit, scope of rights, and relationship with the plaintiff shall also be indicated. 2. The main purpose is to state the marital status, the reasons for divorce and the litigation claims.

1. The marital status should indicate when the marriage was married and where it was registered; how to get acquainted, whether it is free love or being introduced, or arranging or buying and selling marriages, whether it is a first marriage or a remarriage; whether there are children after marriage, the age of the children and other circumstances; Whether they are separated now, how long they have been separated, etc. 2. The reasons for divorce should be indicated: what is the basis of the marriage, whether it is good or bad, or average; what is the relationship after marriage; whether they often quarrel, the main reasons for the fighting, the process, and the defendant's current attitude; whether it has been mediated by grassroots organizations such as the two parties or neighborhood committees, and what is the effect of mediation; Whether you have been to court before, and the court will deal with the results.

In the case of a divorce caused by the involvement of a third party, the prosecution must present evidence, the names and addresses of the witnesses. In short, in this section, you should put forward your own sufficient reasons for asking for divorce. 3. The litigation claim shall clearly state one's attitude towards divorce, how to raise children after divorce, bear child support, and how to dispose of the family's common property.

3. Indicate the name of the person to whom the lawsuit was sent to the people's court, the plaintiff's signature or seal, and the time of the lawsuit.

Legal basis] Article 119 of the Civil Procedure Law of the People's Republic of China provides that a lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.