How to apply for divorce

Mondo Social Updated on 2024-02-21

1. How to apply for divorce.

According to the laws of our country, there are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by mutual agreement means that the husband and wife voluntarily dissolve the marriage relationship, and reach an agreement on issues such as child support and property division after the divorce, and go to the marriage registration authority to register the divorce. Litigation divorce refers to the fact that the husband and wife file a divorce lawsuit with the people's court when they cannot reach an agreement, and the court hears the divorce case and makes a ruling.

In a litigated divorce, the parties need to file a complaint with the court and pay the litigation fees in accordance with the regulations. The complaint shall indicate the following matters: the plaintiff's name, gender, age, ethnicity, occupation, work unit, domicile, name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person, the defendant's name, gender, work unit, domicile, and other information, and the name and domicile of the legal person or other organization; the claim and the facts and grounds on which it is based; Evidence and Evidence**, Witness Names and Residences.

After the complaint is filed, the court will review the case and the eligible cases will be filed and accepted. After the case is filed, the court will arrange a ** time and issue ** summons to both parties. During the trial, the parties can present evidence and debate their claims, and the court will also review and determine the evidence provided by both parties. Ultimately, the court will make a decision based on the facts and the law on whether to grant the divorce, as well as issues such as the division of property and child support.

2. Matters needing attention when suing for divorce.

1.Determine the competent court: Before suing for divorce, the parties need to determine the competent court, i.e., the court to which they will file the lawsuit. Under normal circumstances, the parties may choose to file a lawsuit with the people's court where the defendant is domiciled, or they can choose to file a lawsuit in the people's court at the place where the plaintiff is domiciled.

2.Prepare the evidence: In suing for divorce, it is very important to collect and organize the evidence. The parties need to provide sufficient evidence to support their claims, such as evidence of the breakdown of the marital relationship, evidence of child support issues, etc.

3.Compliance with the proceedings: Proceedings are an important means of ensuring fairness, and parties need to comply with the provisions of the proceedings. During the trial, the parties need to present evidence and debate in accordance with the prescribed procedures, and must not violate the regulations.

4.Respect for the judge's ruling: The judge is the person who exercises the judicial power on behalf of the state, and the parties need to respect the judge's ruling. During the trial, the parties need to follow the order of the court and respect the authority of the judge.

In conclusion, suing for divorce is a complex legal process that requires the parties to have certain legal knowledge and experience. If you are not familiar with the legal process, it is recommended that you seek the help of a professional lawyer.

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