Editor: If your marriage is very happy, I wish you happiness. Please keep going; if your marriage comes to an end, please don’t be sad. This unfortunate marriage is not the whole of our lives. Divorce does not mean a failure in life. It is just to separate two people who are not

Editor: If your marriage is very happy, I wish you happiness. Please keep going; if your marriage comes to an end, please don’t be sad. This unfortunate marriage is not the whole of our lives. Divorce does not mean a failure in life. It is just to separate two people who are not suitable to be together and pursue their own better and better lives. Therefore, we cannot lose our pursuit of happiness because of divorce, nor do we have to be afraid of marriage. As long as we treat the issue of divorce in the right attitude and appropriate way, we believe that the future will be bright.

Divorce Methods

There are only two ways for couples to divorce. One is divorce agreement, and the other is divorce lawsuit .

agreement divorce is mostly registered for divorce according to administrative procedures , that is, both husband and wife go to the Civil Affairs Bureau to go through the divorce registration procedures and get the divorce certificate . The primary condition for an agreement to divorce is that both the husband and wife are voluntarily, and the husband and wife have reached an agreement on important matters such as child support and property division.

Litigation Divorce refers to the court's judgment that one or both spouses make a divorce request or not to divorce; or through mediation, divorce is in the form of a court's mediation document . (please remember " header " in the screenshot below)

jurisdiction court

1. Divorce lawsuit which court is governed by (general principles governing the court)?

" Civil Procedure Law " stipulates that civil lawsuits filed against citizens shall be subject to the jurisdiction of the people's court where the defendant is domicile. That is what we often call "plaintiff is defendant" principle .

The residence of a citizen refers to the place where the citizen has lived for more than one year in a row until the time of prosecution, except where the citizen is hospitalized for medical treatment. When the defendant has a place of regular residence, the court of regular residence shall be given priority to the court of the place of residence.

2. If one or both spouses are separated from ", which court shall be in charge of the jurisdiction?

1. Divorce lawsuits are generally governed by the People's Court of the defendant's place of residence.

2. If the defendant's residence is inconsistent with his or her place of habitual residence, the jurisdiction of the people's court of the place of habitual residence shall be subject to the jurisdiction of the people's court of the place of habitual residence. The defendant's residence refers to the defendant's residence location; the defendant's regular residence refers to the place where the defendant has lived for more than one year in a row until the time of prosecution, except for hospitalization and medical treatment.

3. When one spouse leaves his residence for more than one year and the other sues for divorce, the people's court of the plaintiff's residence may be under the jurisdiction of the people's court according to the law.

4. If both spouses leave their residence for more than one year and one party sues for divorce, the people's court where the defendant is in the place of frequent residence shall be in the jurisdiction of the people's court where the defendant is in the place of regular residence; if the defendant does not have a place of regular residence, the people's court where the plaintiff sues the lawsuit.

3. If one or both spouses are imprisoned, which court shall govern?

1. If both parties are imprisoned or have taken compulsory education measures, the people's court of the defendant's original residence shall be under the jurisdiction of the people's court.

2. If the defendant is imprisoned or has been subject to compulsory education measures for more than one year, the people's court where the defendant is imprisoned or has been subject to the jurisdiction of the people's court where the defendant is imprisoned or has been subject to compulsory education measures.

3. If the defendant is imprisoned or has been subject to compulsory education measures for less than one year, the defendant should still be under the jurisdiction of the people's court where he is originally resided.

4. If a divorce is filed for an unknown spouse, which court shall govern?

According to the relevant provisions of the Civil Procedure Law, civil lawsuits related to identity relations filed against persons whose whereabouts are unknown or who are declared missing shall be subject to the jurisdiction of the People's Court of the Plaintiff’s Place of Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Resident.

5. Which court shall govern the divorce of overseas Chinese who settled abroad after getting married in China?

According to the principle of local jurisdiction in my country, if a settlement abroad is settled after marriage in China, if the court of the country of settlement does not accept the divorce lawsuit on the grounds that the divorce lawsuit must be governed by the court where the marriage is concluded, and the parties file a divorce lawsuit with the people's court, the jurisdiction of the people's court where the marriage is concluded or the last place of residence of one party in China.

6. Which court shall govern the divorce of overseas Chinese who settled abroad after getting married?

According to the principle of personal jurisdiction in my country, if the overseas Chinese who have married and settled abroad and settled abroad, if the court of the country of settlement does not accept the divorce lawsuit on the grounds that the divorce lawsuit must be governed by the court of the country of nationality, and the parties file a divorce lawsuit with the people's court, the jurisdiction shall be governed by the people's court of one party's original residence or the last place of residence in the country.

7. Which court shall be in charge of divorce by Chinese citizens who have not settled abroad?

One Chinese citizen lives abroad and the other lives in China. No matter which divorce lawsuit is filed with the people's court, the people's court of the residence of the domestic party has the right to jurisdiction. If one foreign party sues in the court of the country of residence and the other domestic lawsuit is filed with the people's court, the people's court under the lawsuit has the right to jurisdiction.

If both Chinese citizens are abroad but have not settled and one of them sues for divorce from the people's court, the plaintiff or the people's court of the defendant's original residence shall be under the jurisdiction of the people's court.

Litigation materials

What materials do you need to prepare for a divorce? (These contents are very important, must be read by those who file for divorce)

1. Family member identity materials

1. The ID card and household registration book of the plaintiff and the defendant.

2. Children's identity proof materials. For example: the child's household registration book or birth medical certificate , etc.

2. Couple proof materials

1. Marriage certificate . If the marriage certificate has been lost, the marriage registration office may be required to issue a marriage certificate.

2. If you file a divorce for the second time, you need to provide a previous divorce judgment, ruling, mediation document, etc.

3. If you sue for divorce after remarriage, you need to provide your previous divorce certificate.

3. Evidence materials for emotional discord

1. Evidence of serious faults such as cheating and prostitution. For example, intimate photos with others, recordings and videos, WeChat SMS chat records, online shopping records, property certificates for living together, room check-in records, payment records for prostitution, and records for public security arrests.

2. Evidence of viciousness such as drug use and gambling. For example, relevant certificates arrested by the public security organs, records of drug rehabilitation centers, photos and videos of multiple gambling, and bank statements , etc.

3. Evidence of frequent abuse and domestic violence. For example, domestic violence photos, audio and videos, hospital diagnosis and treatment records, public security alarm records, guarantee letters for one party to admit that domestic violence are also included.

4. Evidence for separation for 1 year, such as moving records, rental agreements, water and electricity payment records, residence certificates from the community or neighborhood committee, etc.

5. Evidence of a party having major diseases. For example, the hospital's disease diagnosis certificate.

6. Paternity test report.

7. Other evidence materials that believe that emotional discord.

4. Evidence for dividing property

1. Pre-marital and during marriage property agreement. There are relevant evidence such as large dowry and large dowry at marriage. Evidence of gifts, wills and other gifts from others.

2. Real estate evidence: House purchase contract , loan contract, real estate certificate, etc. proof ownership.

3. Evidence of movable property: vehicle and ship purchase contract, loan contract, vehicle and ship driving license .

4. Bank card account, stock account, fund account, insurance policy , game account, online platform account and other information.

5. As a company's shareholder, foreign investment, intellectual property rights and other related materials.

6. External claims and debts, such as IOUs, IOUs, etc.

7. Evidence of the other party hiding, transferring, selling, damaging, and squandering the common property of the couple.

8. Other evidence about the common property of couples.

5. Evidence for custody.

1. Be responsible for the evidence of children's food, clothing, housing, use, learning, and conduct.

2. Evidence material for sterilization or loss of fertility.

3. Materials for the other party to suffer from serious illness or are unable to continue raising children due to disability.

4. Evidence materials for both parties’ wage income, work and income materials for both parents.

5. Other materials that are beneficial to the physical and mental health of children.

15 divorce litigation template 0

simple divorce complaint template (I)

can refer to applicable circumstances: both parties hastily registered marriage , after marriage, the two parties have different personalities and constant conflicts; the defendant does not fulfill his husband's and family obligations, and often implements the plaintiff's homework Court violence

Second Divorce Indictment Sample (II)

Reference to applicable circumstances: Second Trial ; In the first judgment, the court hoped that the defendant could cherish the opportunity to improve the relationship between husband and wife, but more than half a year later, the situation of the plaintiff and defendant may further deteriorate, and the relationship between husband and wife has indeed broken down and cannot be compensated. Half a year after the first divorce judgment, you can go to the court to sue the divorce again

Sample divorce complaint of the woman (III)

can refer to the applicable situation: the defendant has serious machismo and has a bad personality; The child is always taken care of by the plaintiff ; at the same time, the house you are currently living in is subject to the plaintiff

6 The woman filed for divorce Indictment template (IV)

can be found in the applicable circumstances: the joint property of the couple is required to be divided equally according to law; in addition, a special property is judged to belong to the plaintiff; the defendant pays economic compensation and a one-time payment of mental damage compensation to the plaintiff

divorce complaint template (V)

can refer to applicable circumstances: Before the divorce lawsuit, both parties have signed a divorce agreement ; involve house property transfer and vehicle transfer ; ; defendant failed to perform or did not fully perform Divorce Agreement Obligations agreed in

Divorce Complaint Sample (VI)

can refer to the applicable situation: Two years after the two parties got married, they often quarreled or were beaten and scolded due to personality incompatibility and trivial matters in life. have been separated. They signed divorce agreements many times but failed. The relationship has indeed broken down, and the relationship between the couple has died in name only, and both parties are in pain. (If you need the complete 15 templates above, please click the screenshot below 6 header , reply "2")

Divorce Indictment for Domestic Violence (VII)

Divorce Dispute Complaint Sample (VIII) html l3

can refer to applicable circumstances: Both parties are remarried, both parties have a former marriage child ; after both parties remarried, the defendant's various bad habits and maintaining improper relationships with others made the plaintiff unbearable; both parties have been separated from each other for a long time due to work; The plaintiff agreed that the defendant's children were raised by the defendant

Reference applicable circumstances: Defendant cheating , has an improper relationship with others; the plaintiff requires the child to be raised by the plaintiff, and the personal property before and after marriage belongs to each other. Please ask the court to divide the joint property after marriage in accordance with the law

Reference applicable circumstances: Couple and wife have been separated for a long time ; the defendant has no proper work and no stable income; the defendant has long committed cold violence against the plaintiff; Children have been living with the plaintiff and the plaintiff’s parents html l7

6Divorce civil complaint general template (eleven)

Reference applicable circumstances: Marriage child has been taken care of by the plaintiff ; involves house ownership and vehicle ownership; Defendant cheated, with him People have an improper relationship with men and women

Divorce real estate division complaint template (twelve)

can refer to applicable circumstances: A, Both parties have signed a divorce agreement and request the court to divide the joint property according to the agreement in the divorce agreement; B, The defendant failed to pay compensation to the plaintiff according to the divorce agreement signed by both parties

family analysis and property complaint template (thirteenth)

can refer to the applicable situation: dividing the property, each live their own life . Multiple plaintiffs, one defendant, the plaintiff requests the court to divide the common house property

Change the child custody right complaint sample (14)

can refer to the applicable circumstances: the court ruled that the defendant would raise the child after the divorce, but the defendant had no time to take care of the child after the divorce, so the plaintiff requested the court to change the child custody right, and the plaintiff raising the child

6 Facts marriage and relationship breakdown divorce indictment template (15)

6 Reference to the applicable circumstances: Both parties It belongs to De facto marriage, has a child , the defendant is irritable, addicted to gambling, etc., and has an improper relationship with others, , both parties have been separated for a long time (If you need a complete 15 templates above, please follow the screenshot below 6 header , reply "2")

Warm reminder: template is a template after all, for reference only, and does not guarantee the final legal effect.

(The following is only partial content in the template is intercepted)

Source: Divorce Agreement Template

(The following is only partial content in the template is intercepted)

Source: Divorce Agreement Template

1. If you need the above "Divorce Litigation Template (one) to (eight) " Electronic version , please click 6 to view , or reply "2". (Please reply by clicking the " header " in the screenshot above)

2. If you need the above "Divorce Litigation Template (Nine to (Fifteen) " electronic version , please click 6 to view , or reply "2".