If both parties cannot divorce by agreement, the only option is to litigate for divorce. What do you need to do to litigate for divorce?
Practitioner of the legal vernacular movement Focus on reducing litigation costs
I am Xiaomian, a legal blogger who likes to help you save money
Without further ado, here’s the practical stuff
1. Write an civil complaint. In the first part, state the plaintiff, The defendant’s name, gender, date of birth, nationality and place of residence.
The second part is to write the lawsuit request, A. request for divorce, B. child support issues, C. division of property according to law.
The third part writes the facts and reasons, clearly stating when to get married, when to have children, what are the reasons for divorce, etc. It is best to type the complaint, but it must be signed by hand at the end.
2. File a lawsuit at the litigation service center of the district or county court where your residence is located, and go through the filing procedures at the filing court. You can also search the China Mobile Micro Court through the mini program to file the case online.
3. When filing a case, submit two copies of the civil complaint, marriage certificate, ID card, and the original copy of the child's household registration or birth certificate. What if the marriage certificate is deliberately hidden by the other party? Don't panic, you can go to the marriage registration office to issue a marriage registration review and processing form. This is also possible. It doesn't matter if the birth certificate and household registration book are hidden by the other party. You can list the basic information first, and when the lawsuit is filed, the court has the obligation to verify it.
If there is property that needs to be divided by the court, you must also bring property-related evidence, such as real estate certificate, motor vehicle driving license and other evidence. You need to submit two copies. One copy of the court file will be sent to the other party, and the other copy will be sent to the court. Remember to bring the original copy.
4. Pay the fee after review by the filing tribunal, and submit the payment receipt and materials to the filing tribunal of the court and wait for notification.
The specific payment is roughly as follows: the litigation fee for a family whose property does not exceed 200,000 yuan is 50 to 300, and the cost is also very low. However, if the divorced property exceeds 200,000 yuan, it will be paid at 0.5%.
5. The court will schedule your case for hearing and serve copies of the lawsuit, evidence and other materials to the defendant. After serving the defendant, you will be notified of the court date. You need to go to the court to collect the court summons. If the other party refuses to accept it at this time, For a summons, you can apply to the court for service by public notice. If he does not come during the court session, you can also have the trial in absentia.
6. If the other party also agrees to divorce, the court may ask both of you to mediate. In civil cases in my country, mediation is a necessary procedure. You will not be asked to mediate before the trial. During the trial, you will be asked whether you are willing to mediate. If the mediation is successful, you will be issued a civil mediation letter. There are two types of adjustment results. It may be a divorce through mediation, or it may be possible for you to work together and not get divorced. If the adjustment cannot be made during the closing period, a court hearing will be held. If the adjustment cannot be made during the court hearing, a judgment will be made. In the end, an civil judgment will be issued, which may be a divorce judgment or a divorce. The verdict remains.
Under normal circumstances, if the defendant who files for divorce for the first time does not agree to the divorce, the court will rule not to allow the divorce. If you are suing for divorce for the second time, at this time you need to bring the judgment of the first court and the validity certificate of the first judgment. You can go to the original judge to issue this validity certificate. Of course, if you don’t want to issue one, , it doesn’t matter, the judge can also find it.
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Practitioner of the legal vernacular movement, focusing on reducing litigation costs
#jinan# #wonderful knowledge season# # divorce#
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