Marriage requires caution, but not all people are so cautious. Sometimes they get a marriage certificate on impulse, only to find out after getting together that the other person is not the person they want, so they want a divorce. At this time, you need to divorce according to the new provisions of the Marriage Law in 2021, and you need to follow the procedures. What are the procedures for filing for divorce?
1. How to sue for divorce
1. Draft a complaint, which contains the names of the plaintiff and defendant. , gender, age, place of origin, workplace and current address, litigation claims and the facts and reasons on which they are based, evidence and sources of evidence, names and addresses of witnesses.
2. Prepare the evidence needed for litigation, that is, materials proving the marriage relationship, materials that the relationship has broken down, materials that the other party is at fault, etc. You can collect it yourself or apply to the court to collect it.
3. Submit the complaint and evidence to the court with jurisdiction. Generally speaking, the lawsuit should be filed in the court where the defendant is domiciled or if the defendant is no longer in China, the lawsuit can be filed in the court where the plaintiff is domiciled.
4. The court decides whether to accept the lawsuit. If it complies with the legal provisions, the court will accept it. On the contrary, the court will reject it.
5. After the court accepts the divorce lawsuit, it will send a copy of the complaint to the other party (defendant) within the legal time.
6. The court will arrange a hearing time and send summons to both parties, which will be notified at least 3 days before the hearing.
7. When the court is held, both parties can entrust lawyers or other professionals to represent them in divorce proceedings. However, according to the law, parties who do not have justifiable reasons should appear in court unless an application is made to the court not to appear in court. The court will decide whether to allow it.
8. The court will make a judgment on whether to grant divorce, how to divide property, and how to resolve child support issues based on the plaintiff’s claims and the evidence submitted by both parties.
2. Procedure for filing a lawsuit for divorce
1. Go to the People's Court to file a lawsuit application.
2. After the case filing hall meets the conditions for filing the case and is approved, the filing court will issue a case filing notice, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.
3. After the filing division of the court accepts the case, it will be transferred to the civil division for trial.
4. After the civil court accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond. At the same time, the court also notifies you to appear in court to participate in the lawsuit.
5. After both parties arrive in court, the court will conduct mediation (this is a necessary procedure).
6. The court will hold a hearing and make a judgment to grant or not grant divorce.
