This is a question that many parties have consulted before preparing to sue, but in reality, in view of the fact that the court needs to find out the emotional breakdown when suing for divorce, it will decide divorce.
In addition, proving that the other party is at fault is conducive to the division of property. Many people like to vent their feelings in their divorce petitions, which is the type that judges dislike the most.
The divorce petition should be written clearly and concisely according to your own requirements. If you talk too much, you will lose if you are careful.
It is not important for the judge to find out the facts of the case to know that the divorce complaint is filed by the court for the other party to see.
If you don't write down the facts that are not good for you seriously, it will be difficult to go back on our word in the future, and you may be shooting yourself in the foot.
What should I write?
1, your name, gender, age, nationality, occupation, work unit, residence and contact information;
2. The name, gender, age, nationality, occupation, work unit, residence and contact information of the other party;
3. The request and the facts and reasons on which it is based;
4. Evidence and sources of evidence, names and residences of witnesses.
Among them, the facts and reasons are the most important part of the divorce complaint:
Write favorable facts and avoid admitting unfavorable facts.
The so-called facts that are beneficial to the plaintiff generally include the fact that the relationship between husband and wife is broken, the fact that the defendant is at fault in the marriage, and the fact that more property can be divided.
As long as it helps the plaintiff to realize his own litigation purpose, then the facts are beneficial to the plaintiff.
If you admit the facts that are unfavorable to you, you will directly exempt the other party from the burden of proof, which may lead to the risk of losing the case.
State the facts proved by evidence.
The facts and reasons in the divorce complaint are the effective support to realize the plaintiff's litigation purpose and the basis for the court to decide whether to support the plaintiff's litigation request.
Therefore, when writing the facts and reasons of the divorce complaint, the plaintiff should state the facts and reasons that can support the litigant's claim, and measure whether he can win the case based on the facts proved by the evidence.
Lawyers' preparation of divorce petitions is generally dull, because the law itself is a cold provision, so there will be no superfluous words, closely focusing on the law and litigation purposes.
Even descriptions of false facts are generally passed down from generation to generation and will not be hyped up. The language of such a divorce complaint is simple, and people will not pay attention to any of them after reading it. In fact, it could mean murder!
Everyone should be flexible according to their own situation. If you are worried that you are not fully prepared, you can leave a handle on the other party or entrust a lawyer to handle it!