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The template is as follows: Divorce Civil Complaint Plaintiff: Female, born in Han nationality, Weifang City, Shandong Province.
person, currently residing in Hebei Province, contact**: Claim 1. Order the plaintiff and the defendant to divorce; 2. Order the daughter to be raised by the defendant and the plaintiff to pay the corresponding child support; 3. Order the defendant to assist the plaintiff in visiting her daughter from time to time six times a year or taking her out for recreation; 4. The defendant shall bear the litigation costs of this case. Facts and Reasons The plaintiff and the defendant were introduced to each other in Zhushan County.
Marriage registration. The plaintiff and the defendant had a good relationship in the early days of their marriage, but after two years of marriage, due to personality incompatibility and trivial matters, the two parties often quarreled, and the plaintiff and the defendant have now been separated for two years. For this reason, the plaintiff and the defendant have been separated from each other since xx-xx-xx, and there has been no improvement in the relationship between the two parties.
During this period, the parties repeatedly agreed to divorce without success. The above facts are sufficient to show that the relationship between the plaintiff and the defendant has indeed broken down, and the relationship between husband and wife exists in name only, and it is painful for both parties to maintain such a relationship between husband and wife. In order to relieve the suffering between the parties as soon as possible, in accordance with the Civil Procedure Law of the People's Republic of China.
to take effect on January 1, 2021) Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate a divorce lawsuit 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 abuse or abandonment of 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.
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Proof of separation, proof that you have not lived together, time written clearly. However, it needs to be stamped by the street or neighborhood committee.
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Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as joint debts of the husband and wife, and the debts shall be borne jointly by the husband and wife after divorce.
If the debt is a personal debt of one of the original spouses, even if the debt was incurred during the marriage, the debt shall still be the responsibility of the individual after the divorce, and the court may name only the individual as the defendant and award him to repay the debt.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).
Article 24 : Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be handled as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.
To be able to prove that it is a personal debt should meet the following conditions:
1. The debt is borne by one of the original husband and wife alone, and his spouse and his children do not know about it, do not agree, and do not go to borrow the debt with him;
2. The borrowed money or debts incurred are used by the person for his personal use and for his personal purposes, and not for the relevant expenses of the family. If the money is used as a gift, or to invite friends to eat, drink and have fun, or to gamble, take drugs, etc.;
3. There must be sufficient evidence to prove that the money is borrowed by the individual alone (such as the individual issuing an IOU, etc.) and used for his personal use. In litigation, the burden of proof is generally on the creditor to prove that it is a personal debt, and on the spouse to prove that it was used for personal use.
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You can find a third person to prove it.
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Write it truthfully. You don't need to write any proof.
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