The process of litigating a divorce.
1. Select the court that will accept the case.
1. Generally, the court of the defendant's domicile (place of household registration) is selected to file a lawsuit (if the defendant's domicile is inconsistent with the place of habitual residence, the people's court of the place of habitual residence has jurisdiction).
2. Prepare evidentiary materials.
1. [Basic Materials]: Divorce complaint, household registration book, ID card, marriage certificate, children's birth certificate, etc.
2. [Prepare evidence]: Evidence that can prove the breakdown of the relationship between the husband and wife, such as domestic violence, infidelity, etc.
A lawyer can be appointed to see if the evidence is sufficient).
The divorce petition needs to state to:
1. Basic information such as the original defendant's name, gender, age, ID number, and **.
2. The claim and the factual reasons on which it is based.
3. Evidence and evidence**.
4. The name, the person who filed the complaint, and the time of filing the lawsuit to the people's court submitted at the time of the lawsuit.
3. Handle the filing of the case.
Go to the district or county court where your residence belongs and go through the formalities for filing a case.
Submit materials to the court, review and complete the filing of the case.
After the case is filed, you can wait at home for the court to notify you of mediation or ** time.
4. Pre-trial mediation.
Generally, the judge will first convene both parties to the court for mediation, and if the mediation is successful, the court will issue a mediation letter, proof of dissolution of marriage, and the divorce will be successful.
If one party clearly expresses its unwillingness to accept mediation, then the judge will skip this link and go directly to the trial procedure.
5. Formality**.
The plaintiff and the defendant attended the trial at the first time (Note: It is recommended to entrust a lawyer for divorce in litigation.) The lawyer will conduct "pre-trial counseling" for the client to relieve the client's pressure and also deal with any unexpected situation in the trial).
There are ordinary procedures and summary procedures in the first instance.
The trial period of the summary procedure is 3 months, which is applicable to simple divorce cases where the facts are relatively clear and the relationship between rights and obligations is clear.
The normal procedure can be extended for 6 months.
The time limit for the trial is 3 months.
Where there are special circumstances that require an extension, it may be extended for 3 months with the approval of the president of the court.
The procedure for divorce cases is more complicated, and the complete divorce procedure generally takes 3 to 12 months.
6. End of awaiting judgment.
At the end of the first trial, the court will make a judgment, and if the first instance is successful, you can get a judgment and dissolve the relationship between the husband and wife.
Attention!There is a 15-day appeal period after the judgment, and if either party does not appeal, the first instance judgment takes effect.
However, if either party appeals, it will go to the second instance. The second instance is final and may not be appealed.