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1.Write a civil complaint, the first part of which states the name, gender, date of birth, ethnicity and place of residence of the plaintiff and the defendant, and the second part of which writes claim aPetition for divorce; b.
child support issues; c.property is divided according to law; The third part writes the facts and reasons, including when you got married, when you had children, and why you divorced. It is best to print the pleading, but it must be signed by hand at the end;
2.Go to the basic level court (district or county court) where the residence is located to file a lawsuit, and go through the formalities for filing the case in the case filing division;
3.When filing the case, submit 2 copies of the civil complaint, marriage certificate, ID cards of the husband and wife (at least bring their own), the child's household registration or original birth certificate, and if there is property that needs to be divided by the court, bring property-related evidence, such as real estate certificate, motor vehicle driving license, etc. 2 sets of copies of evidence need to be submitted (one in the court file, one to be sent to the other party);
4.After the case filing tribunal examines the fee, the fee is paid;
5.Submit the payment bills and materials to the court case filing division, and go home and wait for notice;
6.The court will schedule your case and serve a copy of the complaint, evidence and other materials on the defendant, and after serving the defendant, you will be notified of the time, and you need to go to the court to get a summons;
7.If the other party also agrees to divorce, the court may ask both of you to mediate (in civil cases in China, mediation is a necessary procedure, ** do not organize your mediation before, ** will also ask you if you are willing to mediate), if the mediation is successful, then issue a "civil mediation letter", mediation is divided into two kinds, may mediate the divorce, or may do your work, do not divorce, close the case;
8.If mediation fails, if mediation is not possible, a judgment will be made and a "civil judgment" will be issued;
9.Under normal circumstances, if the defendant does not agree to the divorce for the first time, the court will rule not to grant the divorce. Your friend can sue for divorce again 6 months after the judgment takes effect.
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When the plaintiff sues for divorce, he or she needs to file a case in the court first, and when filing the case, he needs to submit his or her ID card, marriage certificate, complaint, and case acceptance fee; In addition, it is necessary to submit corresponding evidence to support its claim, such as evidence of property and evidence of child support.
When the plaintiff successfully files the case, it is also necessary to fill in the notice of service of accepting the case, and the court will issue a notice of case filing and sign the receipt of service.
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Legal Analysis:1Civil complaint (sold in duplicate) 2
Copy of ID card or residence document (in duplicate)3If the ID card is lost, a copy of the population information presented by the public security department shall be submitted4Copy of marriage certificate or marital status certificate (in duplicate) When filing a case, you only need to bring a marriage certificate.
If the marriage certificate has been lost or cannot be retrieved from the defendant, the original marriage registration office may be issued with a Certificate of Marital Status or the original marriage registration may be copied. 5.Copy of household register (in duplicate).
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 the consensus on matters such as child support, property, and debt handling.
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 or abusing or abandoning family members;
3) Bad habits such as gambling and taking drugs have been repeatedly taught;
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 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.
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