(a) the name, sex, age, nationality, place of origin, occupation, work unit and address of the party concerned. ...
(2) the request and the facts and reasons on which it is based.
(3) Evidence and its sources, names and addresses of witnesses. "
First, as far as a good divorce complaint is concerned, it should have the following contents:
1. The names, gender, age, nationality, occupation, place of origin, work unit and address of the plaintiff and defendant shall be stated. If there is an agent ad litem, the name, occupation, address, work unit, agency scope and relationship with the plaintiff shall also be stated.
2. Mainly state the marital status, reasons for divorce and litigation request.
(1) The marital status should indicate when to get married and where to register; How to get to know each other, whether it is free love or introduction, or arranged marriage, first marriage or remarriage; Whether there are children after marriage, age and other information; Whether to separate now, how long to separate, etc.
(2) The reasons for divorce should be clearly stated: what is the basis of marriage, whether it is good or bad or general; How do you feel after marriage? Whether there are frequent fights, the main reasons and process of fighting, and the defendant's current attitude; Whether it has been mediated by both units or grassroots organizations such as neighborhood committees, and what is the mediation effect; Have you ever been to court before? The court will handle the result. If it is a divorce case caused by the intervention of a third party, the prosecution must produce evidence, the name and address of the witness. In short, in this part, we should put forward sufficient reasons for divorce.
(3) The litigation request part should state his attitude towards divorce, how to raise children after divorce, how to bear alimony and how to dispose of family property.
3, indicate the name of the people's court at the time of prosecution, the plaintiff's signature or seal, and the time of prosecution.
After the indictment is written, two copies are needed and sent to the court.
Second, the problems that should be paid attention to in writing the divorce indictment:
1. The indictment is the most basic legal document that triggers the proceedings. The indictment should be written in a certain format. At the same time, the time of marriage, the situation after marriage and the reasons why the relationship between husband and wife can no longer be maintained should be stated in the facts and reasons. However, it is necessary to avoid the running account method of writing everything, and only write clearly the main problems, main viewpoints and main reasons. In practice, there are often some plaintiffs who are always worried that they have not written the facts clearly, resulting in a lot of verbosity. Let's talk about Kan Kan. Actually, it doesn't help.
The names of the plaintiff and the defendant must be absolutely accurate without any mistakes, in other words, as long as they are consistent with the names on the ID card.
3. Write down their respective addresses and telephone numbers to avoid making mistakes and wasting time when summoning in court.
4. Avoid excessive language and uncivilized language in the indictment.
5. Be sure to check it carefully after writing, and don't accidentally write something bad for yourself.
Third, the woman's divorce prosecution mode
Plaintiff: _ _ _ _ _ _ _, female, Han nationality, born on a certain day of a certain year, living in a certain room at a certain road in a certain district of a certain city, telephone number: _ _ _ _ _ _.
Defendant: _ _ _ _ _ _ _, male, Han nationality, born on a certain day of a certain year, living in a room at a certain road in a certain district of a certain city, and telephone number: _ _ _ _ _ _.
ask
First, the plaintiff and the defendant divorced;
2. The legitimate son _ _ _ _ _ is raised by the plaintiff, and the defendant pays the plaintiff a one-time maintenance fee of RMB 10000.00 yuan (from _ _ _ _ to _ _ _ _ _);
3. The ownership of a certain district, a certain road and a certain house in a certain city belongs to the plaintiff, and other property is divided according to law (see list).
Facts and reasons
______________________________
I am here to convey
_ _ _ _ _ City _ _ District People's Court
Tangible person: _ _ _ _
date month year
Hello, the following is a sample divorce indictment;
Original report: Liu was born on May 6th, Han nationality.
Occupation: Nanjing ╳ ╳ ╳ ╳ ╳ ╳ Company employee.
Now I live at 10. ╳ ╳ Beijing West Road ╳ ╳ Unit ╳ ╳ Tel: ╳ ╳ ╳.
Defendant: Yu Nan 19, Manchu, 1989, born on August 24th.
Employees of Nanjing Real Estate Company
I now live in Beijing West Road, Gulou District,No. Unit Tel: ╳ ╳ ╳ ╳ ╳.
Cause of action: divorce
Litigation request:
1, the marriage relationship between the plaintiff and the defendant was dissolved;
2. The child is raised by the plaintiff, and the defendant pays 800 yuan support every month;
3. The litigation expenses shall be borne by the defendant.
Facts and reasons:
The defendant and the defendant were married in People's * * of Gulou District in 2000, and gave birth to a boy on July 7, 2002.
The original defendant was married for 7 years, and the defendant has never had a stable job and income. The daily expenses of the family are all borne by the plaintiff, as well as the defendant's own daily expenses and telephone charges. After the birth of the child, the burden on the family increased, and the plaintiff tried to support all the expenses of the family while taking care of the child, so life was very tight. But the defendant has been lazy, not only unable to help the family financially, but also unable to understand the plaintiff's hardships emotionally. From 200 1 month, the defendant began to drink again, and often made trouble after drinking, so the husband and wife quarreled constantly.
In 200, after another quarrel between the two sides, the plaintiff reluctantly returned to his parents' home with his children, and the two sides began to formally separate.
After the separation, the defendant not only showed no remorse, but also often abused the plaintiff by drinking. In July 2006, the defendant threatened the life safety of the plaintiff's parents with a knife; In August 2006, the defendant broke into the plaintiff's unit after drinking and injured the plaintiff in public. The defendant's negligence towards his wife, children and family, as well as the continuous domestic violence against the plaintiff, completely disappointed the plaintiff.
To sum up, the marriage relationship between the original defendant has indeed completely broken down, and there is no possibility of reconciliation, so I appealed to the court to request the dissolution of the marriage relationship with the defendant and pay child support.
Zhezhi
Nanjing Gulou District People's Court
Shaping people:
date month year
Hello, focus on the reasons for divorce, demands, child support, property division, and contact a lawyer for help if necessary.
Specific information of both parties;
Advocacy (what do you want to do) and factual reasons (facts and basis of the case).
You can use Baidu as the format. Facts and reasons only need to be clearly written about married children and marital property. If it is because of his father, I advise you not to divorce. You can move out.
It is basically the same as the first time, that is, it is stated in the cause that divorce proceedings have been filed. However, the relationship between husband and wife has broken down and there is no possibility of reunion. I hope the court will decide to grant a divorce.
The following is a sample for your reference:
Plaintiff: Zhang XX, female,1born in March 1963, Han nationality, business manager of XX Company, address: Building XX, XX Road, this city; Defendant Li XX, male,1born on February 9, 962, Han nationality, employee of XX Company, address: Building XX, XX Road, this city. The lawsuit requests to dissolve the marriage relationship between the original defendant and the defendant according to law. Facts and reasons In early 2004, the plaintiff filed a divorce lawsuit, which was transferred to your hospital by the XX District People's Court in March of the same year. Not in the civil judgment. (2004) It was found that the original defendant had separated from 200 1 due to emotional disharmony. Although your hospital hoped that the defendant would cherish an opportunity to improve the relationship between husband and wife in this judgment, the situation of the original defendant has remained for more than half a year, and the relationship between husband and wife has indeed broken down. Therefore, for the marriage relationship that has existed in name only, the plaintiff will file a lawsuit according to law, requesting your hospital to grant divorce according to law. To the witness of the people's court, XXX ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Baidu search has various versions.
Hello! The following is a sample divorce indictment, please refer to it.
Plaintiff: name, gender, age, home address and telephone number.
Defendant: name, gender, age, home address and telephone number.
Litigation request:
1. Ask for a divorce from the defendant.
2. The son (daughter) lives with the plaintiff (defendant), and the defendant (plaintiff) pays the child care fee of RMB yuan per month.
3. Property is divided according to law (see list).
4. The house (property right or use right) belongs to the plaintiff (defendant), and the plaintiff (defendant) compensates the defendant (plaintiff) at one time.
5. The legal fees shall be borne by both parties.
Facts and reasons:
The plaintiff and the defendant were introduced in, registered for marriage in, and gave birth to a son (daughter) in. How do you feel before and after marriage? Why divorce now?
I am here to convey
Nanjing Gulou District People's Court
Shaping people:
X year x month x day
Attachment: Main evidential materials:
Marriage certificate, ID card, house title certificate or public housing lease certificate (photocopy), property list, etc.
Precautions:
1. You cannot use ballpoint pen, sky blue ink pen or carbon paper to write the complaint and related materials.
2. The pleadings and evidential materials increase with the increase of the number of defendants (for example, one defendant submits two copies and two defendants submit three copies).
3. All the above complaint materials and copies shall be in A4 paper.
How to write divorce indictment and civil indictment
Plaintiff:
Defendant:
Cause of action: divorce dispute
Litigation request:
1. Order to dissolve the marriage relationship of the original defendant.
2. The plaintiff was ordered to raise the child xxx, and the defendant paid the maintenance fee of xxx yuan/month to adulthood (if any).
3. It is ordered that the property of xx belongs to the plaintiff, and the defendant shall cooperate with the transfer formalities (if any, or other property) within X days.
The litigation costs in this case shall be borne by the defendant.
Facts and reasons:
Mainly around the relationship between husband and wife has indeed broken down, but there is no possibility of reconciliation.
I am here to convey
Xxx people's court
Shaping people:
date month year
When I first started acting as an agent for divorce cases, I mastered the following standards for making divorce indictments: first, to meet the needs of filing a case; Second, show emotional disharmony, at least let the judge feel after reading the indictment: well, it seems that these two people really can't go on. The case was successfully filed and the parties were very satisfied. At that time, they thought it was good. However, after several years' trial, looking back and savoring the previous standards carefully, we will suddenly realize that the previous standards are still shallow, and the divorce indictment should not only meet the formal requirements, but also help solve substantive problems, and the form must serve the content. In practice, it is necessary to make an appropriate divorce indictment according to the different contradictory characteristics of the parties. For example: the first category: the two divorced by agreement, because they are both foreign accounts and do not want to go back to their hometown to handle the divorce by agreement, so they chose to handle the divorce by agreement in the Beijing court. Then the style of divorce indictment should be "cliche", short and useful. The role of the divorce indictment is limited to being able to file a case smoothly, so don't worry too much! The third category: the other party agreed to divorce, but sued for divorce because the two sides could not reach an agreement on property distribution or child support. In this case, the content of the divorce indictment is mainly a description of emotional disharmony. We must be objective, write down the contradictions recognized by both sides and try to avoid our own opinions. There is a simple reason. If you only state the reasons for emotional disharmony from your own point of view, or even shift all the responsibility for divorce to the other party, it is likely to anger the other party and even quarrel for a long time. When the other party gets angry, the consequences will be very serious: I won't leave you! It's good to calm down during the trial. If the other party really works hard and is together, then the plaintiff is definitely hopeless for divorce this time! Even if the other party finally agrees to divorce in court, because the mood of both parties is already very bad, it is still very unfavorable for the reconciliation part. The fourth category: When the parents of the other party are involved, especially when the disharmony between mother-in-law and daughter-in-law becomes an important reason for divorce, the wording of the divorce indictment must be cautious. Family conflicts, most of which are open and reasonable, are hard to say clearly. If the indictment says too much, the two sides will go to war before the trial! In many cases, one spouse wants to forget about it, but the indictment once again makes his parents very angry. Of course, the child can't hold back, which finally directly leads to the conflict between the parties. On the day of the court session, one parent will come to the court to continue to argue! Everyone is very tired. Therefore, for this kind of family contradiction, we must pay attention to the strategy when making the indictment to avoid intensifying the contradiction first. To sum up, the contents of the divorce indictment sometimes make the parties feel depressed if they want to say it, but a professional divorce indictment will certainly help to achieve the ultimate goal, but it can't add chaos, and it can't be counterproductive.