2 to the basic court (district and county court) where the domicile is located, and the staff shall go through the filing procedures at the filing court according to the regulations.
3. After receiving the notice of filing a case, you should submit 2 civil complaints, marriage certificate, husband and wife ID card (at least bring your own), and the child's household registration book or original birth certificate. If it involves property division, it is also necessary to provide relevant property certificates to the court, such as real estate license and motor vehicle driving license. Two sets of copies of evidence are required (one in the court file and one for the other party).
4. After being examined by the filing court, it shall be paid.
5. Give the bills and materials for payment to the court for filing, and go home and other notices.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.