Divorce Litigation Issues 150, Divorce Litigation Issues

1. Whose ID card is borrowed?

2. Since it is a borrowed ID card: now married to the man, it is only the person who is borrowed the ID card, and the woman has no marriage relationship with the man in law, so it does not matter "divorce", it can only be regarded as cohabitation: go directly to yourself and divide the property during the cohabitation period.

3. What is the situation of the people who have been borrowed with their ID cards now? Are you also married? Additional information is needed.

4. Go find her:

1) Borrow her marriage certificate, and then go to the civil affairs bureau where the woman and the man registered their marriage to request access to the marriage registration file: compare the two files to prove that she has registered her marriage twice;

2) Go to the village committee where the woman and "she" and the man are located to issue a certificate to prove that it is the woman who married him, not "her", and that it is a registration error, and request that the marriage certificate between "her" and the man be revoked and the marriage certificate between the woman and the man be reissued.

3) After receiving the marriage certificate, you can apply for divorce: without a marriage certificate, the woman and the man are not husband and wife in the legal sense, and the woman is not a qualified subject of the divorce lawsuit, and the court will not accept it.

Divorce litigation refers to a lawsuit filed by one party to a marriage relationship with the court to dissolve the marriage relationship with the other party. When a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

If there is no marriage certificate, and the civil affairs department does not have a file, it means that the parties have not fulfilled the marriage registration formalities and there is no marriage relationship at all.

In this case, the court will not accept the lawsuit.

To sue is to confirm that the marriage relationship is invalid, but the two of you have not registered, there is no so-called marriage relationship, your current relationship is cohabitation, and the lawsuit will not be accepted by the court.

If you have joint property, you can sue the court to divide the property, and you can just leave after dividing the property.

If there is no registration, there is no marriage, there is no marriage, how can there be a divorce, and the person who wants to divorce is also a divorce with an ID card.

An invalid marriage is an illegal cohabitation relationship, not a marriage relationship.

As I understand it: impossible!

1. Indictment.

The complaint submitted to the court shall be submitted in duplicate and signed by the person himself.

2. The plaintiff's identity certificate and entrustment procedures.

Generally, the original and photocopy of the plaintiff's ID card shall be submitted. If a serviceman files for divorce, he or she must also issue a certificate of consent to the divorce issued by a political organ at or above the regimental level.

If there is a legally-designated person, the original and copy of the person's ID card and the original and copy of the supporting materials proving the relationship with the plaintiff shall be submitted.

Where the plaintiff entrusts a litigant, a power of attorney signed by the client shall be submitted, and the power of attorney must clearly state the authority and matters of the entrustment.

3. Proof of determination of jurisdiction.

Where jurisdiction is determined according to the plaintiff's or defendant's domicile, a copy of the ID card or the original and photocopy of the household registration book shall be submitted.

Where jurisdiction is determined based on the plaintiff's or defendant's habitual residence, submit the "Residence Permit", "Residence Certificate" and other supporting materials.

4. Evidentiary materials (based on litigation strategy considerations, basic evidence is generally prepared when filing a case, and other evidence will be improved one by one after the court accepts it).

Evidence proving the existence of a lawful marital relationship between the plaintiff and the defendant: "Marriage Certificate", "Certificate of Marital Relationship", etc.

Evidence that the relationship between the husband and wife has indeed broken down.

Evidence of child custody attribution: Birth certificates, ID cards, and other evidence that the minor child has custody of the plaintiff.

Evidence of exercise.

Evidence of the type and amount of joint property of husband and wife: "Property List", "House Ownership Certificate", "Motor Vehicle Driver's License", etc.

Legal analysis: Divorce litigation refers to a lawsuit filed by one party to a marriage relationship with the court to dissolve the marriage relationship with the other party. The people's court hearing a divorce case shall conduct mediation, and if the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

If a marriage is dissolved by judgment in accordance with the litigation and side litigation procedures, it is called adjudication divorce, and the Chinese Marriage Law stipulates strict procedures and principles for dealing with one party's request for divorce.

Legal basis: Civil Code of the People's Republic of China

Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where a child is already 8 years old, her true wishes shall be respected.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

Divorce litigation refers to a lawsuit in which one of the parties to the marriage relationship submits to the court to dissolve the marriage relationship with the other party. When a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

If it is a divorce by agreement, after negotiation between the two parties, go through the divorce formalities with the divorce agreement, marriage certificate, and identity defense return certificate of both parties, and collect the divorce certificate on the spot;

If one party does not agree or regrets not performing after signing the divorce agreement, then the divorce should be filed in the court where the defendant is domiciled, or in the court where the defendant has lived for more than one year. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

1. Divorce proceedings are generally under the jurisdiction of the people's court at the place where the defendant is domiciled, and if she has been away from the place where she lives for more than one year, the people's court at the place where the plaintiff is domiciled has jurisdiction. Therefore, you can sue in the Huishan District Court.

2. Write a good complaint, explain the litigation requirements and factual basis. The case filing tribunal will also inform you of the relevant precautions.

3. After filing a lawsuit, if no one can be found, the court will announce the service of litigation documents, and if you still do not appear in court, the court will make a judgment in absentia.

4. Whether to hire a lawyer or not, you can decide for yourself.

Tianjin Lawyer Li (Professional Divorce Lawyer):

Generally, it is necessary to go to the defendant's location to sue for divorce. Lawyers should be well aware that what their clients need is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

You can sue in the district where you live in this area after your marriage.

For details, please contact us by phone or QQ.

Beijing Marriage and Family, lawyer Liu Dalai.

Zhang sued for divorce in the court after knowing about it, but the two parties were not present at the time of the divorce? If it is said that Zhang and Li were not present, because the plaintiff did not appear in court, it is deemed to have withdrawn the lawsuit, and after the divorce case is withdrawn, no further litigation may be filed within 6 months without new circumstances and new reasons.

You said that Zhang learned that Li was married to another man, and if there was no divorce, they would not have been able to get married, and if there was, then they were suspected of bigamy and had to be sentenced.

Whether Zhang and Li have a marriage certificate, how long they have been married, who will raise the children, how much family property, and whether there is evidence to prove that Li lived with another man, I don't know these things, and it is impossible to judge whether they will be supported by the court, and whether there will be compensation and how much the compensation will be.

If you are in Kunming, you can bring relevant materials to my law firm to find me, and I can confirm after reading the materials.

Yunnan Lingyun Law Firm, Sun Peiyuan.

If you do have evidence that the relationship has broken down, the court will grant a divorce. Or if you have no evidence, and the other party firmly disagrees with the divorce, then you may have to wait six months before suing, as long as you resolutely divorce yourself, it is nothing more than giving the other party some time. The other party's reason for claiming compensation is not valid, and no compensation is required.

Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

If it is the first time to file a lawsuit, it can wait for six months to file a lawsuit again, and if it is already the second time to file a lawsuit, those who have not yet been sentenced to leave can appeal. Don't listen to the judge's request to withdraw the case.

You have sued once, has it been sentenced? If judged, a further prosecution may be filed after six months. With regard to compensation, there is no basis for this.

1. No, you cannot.

2. Correct it first, it is nurturing or raising. In principle, the parent who does not directly raise the child shall pay maintenance to the other parent, which is generally 30% of the person's monthly salary. Medical expenses and education expenses can be half of one person, or they can be fully borne by one party.

You can negotiate on this issue, and if the negotiation fails, the court will decide. However, neither the agreement nor the court's decision prevents the child from claiming child support from either of you for as long as necessary.

3. If both of you agree to divorce, and the negotiation on the issue of children and property can be successful, you do not need to go through the path of litigation. As for who is in favor of suing, this does not matter.

1. Divorce by agreement, you can ask him to pay as much as you want, as long as he is willing to accept it;

2. Alimony, medical expenses, and education expenses are based on the actual needs of your child and the objective ability of both parties to pay;

3. If the agreement is not successful, it is not more advantageous to sue and who is more urgent to sue first, the key is the result of the judgment, and who sues first has nothing to do with the outcome of the trial.

1. Because the man has no legal fault (such as abuse, having a third party, abandonment, domestic violence, etc.), he cannot claim mental damages. 2. Alimony is generally paid according to the living standards of local general residents, and medical expenses and education expenses can be subject to actual occurrence.

3. The result of the second instance is not based on the appellant, so anyone can appeal.

4. None of them went to work, and they were not calculated according to the proportion of wages.

1. Divorce mental loss fee is not supported by law in China at present;

2. The amount of child support depends on the income of the other party and the local consumption level;

3. Whoever sues is the same.