How to write a divorce petition, how to write a divorce petition

The following legal knowledge is available for reference: China's Civil Procedure Law stipulates: "The complaint shall indicate the following matters:

The name, gender, age, ethnicity, place of origin, occupation, place of work and address of the parties ......The claim and the facts and reasons on which it is based. Evidence and evidence of **, witness names and addresses. "For the purposes of a good divorce petition, the following should be present:

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 name, occupation, address, work unit, scope of rights, and relationship between the litigant and the plaintiff shall also be indicated. 2. The main purpose is to state the marital status, the reasons for divorce and the litigation claim.

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 the mediation has been carried out by the units of both parties or the neighborhood committees and other grassroots organizations, and what is the effect of the 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, how to bear child support, and how to dispose of the joint family 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. Once the complaint is written, request two copies and send it to the court. Problems that should be paid attention to when writing a divorce complaint The following points should be paid attention to when writing a divorce complaint: 1. The indictment is the most basic legal document that causes the litigation procedure, and the writing of the indictment needs to be written in a certain format, and at the same time, the time of marriage, the situation after marriage, and the reasons for the inability to maintain the relationship between husband and wife should be clearly written in the facts and reasons.

However, it is necessary to avoid writing everything in a journal-style manner, and to write down the main issues, main ideas, and main reasons clearly. In practice, there are often some plaintiffs who are always worried that they have not written the facts clearly, and as a result, they will make long and eloquent speeches, which in fact will not help. 2. The names of the plaintiff and the defendant must be absolutely accurate, without any errors, in other words, as long as the names on the ID card have been OK 3. Write the correct address, **, so as to avoid errors and delays in the court summons.

4. Avoid using excessive language and uncivilized language in the indictment. 5. Be sure to check it well after writing, and don't accidentally write words that are unfavorable to you

Legal analysis: 1. This part of the first part of the application mainly introduces the basic information of the parties, including the name, age, gender, ethnicity, work unit, **, postal code and address of the plaintiff and the defendant. If there is a litigant, the name, occupation and address of the litigant should also be indicated; 2. The marital status in the body of the application needs to indicate the marital status, including:

Whether the origin of the marriage is voluntary, whether there are other factors such as arrangement, coercion, etc., whether there are circumstances that do not meet the requirements of the Civil Code, such as age, diseases that do not allow marriage, whether they live together, whether they have children; It is necessary to state the grounds for divorce and to agree on matters such as child support, property and debt disposition.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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.

When writing a divorce petition, include the following 4 sections. They are: 1. Write down the names, ID cards, and household registration locations of both parties to the divorce; 2. Write down the current status of the marriage and provide the reasons for applying for divorce; 3. The divorce application includes the division of joint property, the ownership of child custody, the amount and time of alimony payment, etc.; 4. Both parties should sign the application form and indicate the time of application.

[Legal basis].Article 470 of the Civil Code of the People's Republic of China [Main Terms and Model Texts of the Contract] The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

When writing a divorce petition, include the following 4 sections. They are: 1. Write down the names, ID cards, and household registration locations of both parties to the divorce; 2. Write down the current status of the marriage and provide the reasons for applying for divorce; 3. The divorce application includes the division of joint property, the ownership of child custody, the amount and time of alimony payment, etc.; 4. Both parties should sign the application form and indicate the time of application.

[Legal basis].Article 470 of the Civil Code of the People's Republic of China [Main Terms and Model Texts of the Contract] The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

1. Both parties applying for divorce must be the legal parties who have handled the application, and if so, the parties to the de facto marriage unconditionally apply for registered divorce, so the marriage registration authority will not accept any registered divorce applicant who does not have a certificate of marital relationship.

2. The parties applying for divorce shall be persons with full capacity for civil conduct. The Civil Code stipulates that a citizen who has reached the age of 18, is in a normal mental condition, and can fully recognize his or her actions and consequences is a person with full civil capacity. Any person who does not have full capacity for civil conduct can only be filed by his ** person in the form of divorce by litigation to resolve the issue of marital relationship.

3. The divorce application is an expression of the true intentions of both parties to the application for divorce, and bears the legal consequences. The most important condition for registering a divorce is that both husband and wife divorce voluntarily, and this voluntary act is a voluntary act that excludes all external obstruction and interference, and is completely initiated from the internal scumbag. Therefore, both parties must submit the application in person to the marriage registration office and state their reasons.

4. The parties applying for registration of divorce shall reach an agreement on the joint property, creditor's rights, debts and the maintenance of children or assistance to the party in difficulty, and shall consciously fulfill such commitments.

5. Both parties must go to the marriage registration office in person to jointly file an application for registration of divorce. Divorce is a legal act of major changes in family and marital relations, which involves various rights of the parties to the divorce, and is an important civil legal activity.

A sample of the divorce petition.

We have divorced voluntarily and in accordance with the provisions of the Civil Code on voluntary divorce between the parties, and have properly dealt with the relevant issues, please allow registration and issue a "Divorce Certificate".

Name. Gender.

Date of birth. Date.

Date. Origin.

Current address. Workplace.

Education. Marital status.

National identification number.

Marriage certificate number and date.