1. The following materials are required to file a divorce lawsuit with the court: the original ID card of the plaintiff shall be returned to the plaintiff after examination. The proof of marital relationship can generally provide a marriage certificate and a certificate of marital status issued by the marriage registration authority. Proof that the husband and wife have joint property can generally submit a list of property, but it can also be submitted at the court session. If you have children, you should also submit your birth certificate and household registration book. If it is the second time to sue for divorce, the plaintiff will also issue a court judgment. If the woman is pregnant, the date of pregnancy should be indicated and the diagnosis certificate issued by the hospital should be provided.

2. Provide proof materials about the real estate. The information provided may include the personal property of both parties before marriage, the property of husband and wife, the property certificate or the property list of other family members. For disputed property, proof materials such as the source and acquisition time of the property, such as invoices, should be provided. Provide relevant certificates of income, creditor's rights and debts of both parties. If there are creditor's rights and debts, provide proof materials such as IOUs, the name, address or work unit of the debtor or creditor. If there is any deposit, the name, account opening date, account number and deposit amount of the savings office shall be provided.

3. The process of suing for divorce: bring a lawsuit to the people's court. (I usually go to the filing hall and review it there. Those who meet the conditions for filing shall be filed. If you two don't live together, you should file a lawsuit in the right place according to the principle that the plaintiff is the defendant. ) After being examined and approved by the filing hall, the filing court will issue a filing notice, and you will pay the legal fees with the filing notice (50 yuan). The court formally accepted the case. After being accepted by the court filing court, the case will be transferred to the civil court for trial. After accepting the case, the civil court issued a summons to the other party, requiring him to appear in court at a certain time. At the same time, the court also informed you to appear in court to participate in the proceedings. After both parties appear in court, the court will mediate (this is a necessary procedure). Litigation divorce refers to a divorce procedure in which one spouse asks for a divorce on the grounds that their feelings have indeed broken down, and the other spouse does not agree to the divorce, or both parties agree to the divorce, but they cannot reach an agreement on issues such as property division or child support, and one party files a lawsuit in the people's court, and the people's court hears and mediates or decides.

When trying divorce cases, the people's courts shall conduct mediation. Mediation fails, the relationship between husband and wife has indeed broken down, and if there is no possibility of reconciliation, the judgment allows both parties to divorce.

To determine whether the relationship has really broken down, we should make a comprehensive analysis from the aspects of marriage basis, feelings after marriage, reasons for divorce, the current situation of husband-wife relationship and the possibility of reconciliation.

First of all, the difference

There are differences between litigation divorce and registered divorce in time limit, economic cost, process and legal effect. The two divorce methods have their own advantages and disadvantages, which are applicable to the dissolution of marriage between the two parties under different circumstances.

In divorce proceedings, due to the intervention of professional lawyers and judges, the divorce mediation papers or court judgments reached by both parties are legal and operable, and the agreement is clear, which is not easy to cause disputes, and the probability of disputes after divorce is relatively low.

1, different time periods

Litigation divorce: according to the relevant laws and regulations, the trial period of summary procedure of first instance is 3 months, and that of ordinary procedure is 6 months; If an appeal is filed against the judgment of the first instance, the ordinary procedure of the second instance shall be limited to 3 months; Under special circumstances, the probation period can be extended.

Divorce registration: both parties reach an agreement and make a divorce agreement. At present, there is a 30-day cooling-off period for divorce, and the Civil Affairs Bureau has examined and approved relevant necessary materials (ID cards of both parties, marriage certificate, household registration book, two two-inch single photos and divorce agreement). The treatment time is between 3 1 day and 60 days.

2. Different economic costs

Litigation divorce: Litigation divorce involves legal fees, real estate and other related evaluation fees. According to relevant regulations, the compensation for divorce cases varies from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.

Divorce registration: divorce is agreed in the marriage registration office, and there is no charge at present.

3. Different procedures

Litigation divorce: through filing review, pre-litigation mediation, case acceptance, court hearing, judgment and other procedures;

Divorce registration: Within 30 days after the marriage registration office receives the application for divorce registration, the unwilling party may withdraw the application for divorce registration. Within thirty days after the expiration of the cooling-off period for divorce, both parties shall personally apply to the marriage registration authority for divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration. The marriage registration authority shall register and issue a divorce certificate if it finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling.

4. The legal effect is different.

Litigation divorce: court mediation and judgment have mandatory effect. If one party refuses to perform, the other party may apply to the court for execution.

Registered divorce: the divorce agreement is formed on the basis of mutual consent and is binding on both parties. After divorce by agreement, if there is a dispute over the performance of the divorce agreement, the parties may bring a lawsuit to the people's court.

Litigation divorce needs to go through a series of procedures, mainly including determining the competent court, filing a case, hearing, judging and executing, but not all the procedures are completed in every case.

Court of divorce proceedings: usually refers to the people's court of the defendant's domicile. Filing a case: the people's court implements the filing and registration system, and the parties prepare relevant materials around specific litigation requests. File a case online, offline or by email.

Trial in court: In the substantive stage of divorce proceedings, both parties present evidence and conduct cross-examination and debate in court. Judgment and enforcement: the parties may apply to the people's court of first instance or the people's court at the same level where the property under execution is located for the enforcement of a legally effective civil judgment or ruling.

I. Determination of jurisdiction

According to the relevant provisions of the Civil Procedure Law, the court of divorce proceedings is the people's court of the defendant's domicile.

Domicile generally refers to the domicile of the party concerned. Where the domicile is inconsistent with the habitual residence, the habitual residence shall prevail;

If the defendant has left his domicile for one year, he may bring a lawsuit to the people's court of the plaintiff's domicile, except for citizens who are hospitalized;

If the husband and wife have been separated for one year, they shall bring a suit in the people's court of the defendant's habitual residence; If the defendant has no habitual residence, he shall bring a suit in the people's court of the defendant's domicile at the time of prosecution;

If the defendant does not live in China or his whereabouts are unknown, or he is declared missing, taken compulsory measures or imprisoned, he shall bring a lawsuit to the people's court where the plaintiff has his habitual residence (if there is no habitual residence, his domicile shall be taken).

In addition to the following circumstances, both husband and wife can bring divorce proceedings to the people's court:

1. During pregnancy, within one year after delivery or within six months after termination of pregnancy, the man may not file for divorce; However, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.

2. It is forbidden to divorce or mediate a settled divorce case. Without new circumstances and new reasons, the "plaintiff" in the previous lawsuit may not sue for divorce within six months;

3. There is no new situation or new reason for the plaintiff to withdraw the lawsuit or to handle the divorce case according to the withdrawal. The "plaintiff" in the previous lawsuit may not sue for divorce within six months;

4. If the spouse of an active serviceman requests a divorce, he shall obtain the consent of the active serviceman, unless the active serviceman has a major fault.

Second, the filing application

The people's court implements the registration system, and the parties prepare relevant materials around specific litigation requests.

Cases should be filed online, offline and by mail. The people's court shall register and file a case on the spot if it meets the statutory conditions. The people's court will explain the prosecution that does not meet the legal requirements.

The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply. If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the people's court may make a decision on the extension.

1, preparation of pre-litigation materials

Around the specific litigation request, the following written materials are generally required to be prepared: civil indictment (that is, divorce indictment), plaintiff's identity certificate (household registration book, ID card), children's identity certificate (birth certificate, household registration book, ID card), and marriage relationship certificate (marriage certificate, marriage certificate, household registration book).

Prove that the relationship between husband and wife has indeed broken down, and provide relevant evidence if there is domestic violence, spouse living with others, etc.

If it is necessary to divide the property of husband and wife, it is necessary to provide evidence or clues related to the corresponding property.

2. Submit the filing application.

Filing can be done online, offline or by mail. Online means such as electronic litigation platform, offline means to submit filing materials directly to the court filing court, and mailing means to mail the filing materials to the designated address of the court for filing applications.

3. Case acceptance

The people's court implements the system of filing a case for registration, and accepts all the complaints submitted by the parties, and issues a written certificate indicating the date of receipt.

The people's court shall register and file a case on the spot if it meets the statutory conditions; The people's court will explain the prosecution that does not meet the legal requirements.

After the filing department of the court registers the acceptance materials, if the plaintiff agrees to mediation, the court must organize mediation for both parties to the divorce case.

If the plaintiff does not agree to mediation or mediation fails, if it meets the conditions for filing, it shall file a case and send a notice of acceptance; If it does not meet the conditions for filing a case, it shall inform the plaintiff to make corrections within a time limit. If it still does not meet the conditions for filing the case after correction, the ruling will not be accepted.

answer

The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to make a written reply;

The defendant shall submit a reply within 15 days from the date of receiving the copy of the complaint served by the people's court.

If the defendant fails to submit a reply within fifteen days, it will not affect the trial of the people's court.

If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the people's court may make a decision on the extension.

Third, the trial

The trial in court belongs to the substantive stage of divorce proceedings, which mainly includes the following procedures:

1, court investigation;

2. Proof and cross-examination;

3. Court debate;

4. Final statement;

Mediation runs through the whole process of divorce cases. Before the court session, the judge may organize both parties to mediate again. If mediation fails, the court session will be held.

Both parties shall appear in court on time according to the time specified in the summons. The parties to a divorce case have no special circumstances. In principle, both parties are required to attend the trial in person. If he is unable to appear in court, he shall submit written opinions.

Fourth, the court ruled.

Before the court decides, the plaintiff has the right to file an application for withdrawal of the lawsuit, and the court will decide whether to allow it.

If the plaintiff refuses to appear in court or withdraws from court without the permission of the court, the court shall rule to dismiss the prosecution according to law. If the plaintiff withdraws the lawsuit or there is no new situation or new reason within six months after the withdrawal, he may not sue for divorce again.

After the case enters this stage, both parties can still apply for court mediation on divorce, child support, property division and other issues. If a settlement is reached through mediation, the people's court shall put it on record; If a divorce is mediated, the people's court shall confirm the agreement reached by the parties voluntarily and make a conciliation statement.

If mediation fails, the people's court shall make a judgment according to law. If the relationship between husband and wife has really broken down, divorce shall be granted.

The appeal period is within fifteen days after the parties sign the judgment. If a party refuses to accept the judgment, he may appeal to the people's court. If the divorce is not granted and there is no appeal, the plaintiff can sue for divorce again after 6 months.

Verb (abbreviation of verb) applies for execution

A legally effective civil judgment or ruling may be applied to the people's court of first instance or the people's court at the same level in the place where the property is executed.

If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. The people's court shall, within/0/5 days from the date of receiving the written objection, examine the written objection put forward by the parties or interested parties. If the objection is established, the people's court shall make a ruling to cancel or correct it; If the reason is not established, the people's court shall rule to reject it. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award.

It should be noted that the parties who have obtained an effective divorce mediation or divorce judgment do not need to obtain a divorce certificate. After the divorce registration is completed, or the divorce judgment or mediation becomes effective, the marriage relationship is dissolved. During the period when the divorce judgment is not effective, the parties may not get married separately.

Evidence of divorce in litigation includes, but is not limited to, proof of marriage relationship, factual evidence of divorce reasons, proof of children's situation, evidence that one of the spouses is at fault, proof of husband and wife's property and debt situation, proof of family housing situation, proof of husband and wife's income situation and so on.

According to the principle of "whoever advocates gives evidence" in the Civil Procedure Law, the parties have the obligation to provide evidence for their claims. Therefore, when one spouse files a divorce lawsuit, it should provide relevant evidence to prove the facts of the case.

At the same time, in the process of obtaining evidence, it is necessary to ensure the legality of the methods and procedures for obtaining evidence, and to ensure that the legitimate rights of others will not be infringed because the procedures for obtaining evidence are illegal.

I. Overview of evidence

Evidence refers to the basis for determining the facts of a case in accordance with the rules of procedure. Evidence is of great significance for the parties to carry out litigation activities, safeguard their legitimate rights and interests, find out the facts of the case according to law and make correct judgments. The problem of evidence is the core of litigation. The trial of any case needs to reproduce and restore the true face of the incident through the evidence chain formed by evidence and evidence, and the judgment based on sufficient evidence can be a fair judgment. Moreover, the evidence should exist objectively. Forging or destroying evidence is illegal and should be investigated for legal responsibility.

Second, the types of evidence

According to Article 63 of the Civil Procedure Law: "Evidence includes: 1, statements of the parties; 2. Written evidence; 3. Physical evidence; 4. Audio-visual materials; 5. Electronic data; 6, witness testimony; 7. Appraisal opinions; 8. Check the records. The evidence must be verified before it can be used as a basis for determining the facts. "

Third, the evidence materials

1, evidence of identity relationship

(1) marriage certificate, household registration book and other evidence that can prove the relationship between husband and wife;

(2) Evidence that can prove the situation of children, such as birth certificate, one-child certificate, household registration book, etc.

2. Evidence to prove the breakdown of the relationship between husband and wife:

(1) The first divorce judgment, transcripts and other relevant legal documents, which prove that the relationship between the two parties has broken down;

(2) Evidence of separation:

A lease contract, transfer voucher for paying rent, such as bank account number, WeChat conversation with the landlord, WeChat (Alipay) transfer voucher, community pass card and other evidence that can prove the actual residence;

B. If you live with your parents or friends, you can provide the residence certificate issued by the property management company or the neighborhood committee (it is necessary to indicate when you began to live in your place of residence to prove that both parties are separated);

C, chat records, etc. , which proves that the two parties have actually separated.

(3) If both parties have drafted a divorce agreement, the evidence that can be provided includes:

A. Relevant evidence of the contents of the divorce agreement negotiated by both parties, such as WeChat, e-mail, audio-visual materials, etc. ;

B, explain the results of the divorce agreement, the reasons for not reaching an agreement, etc. Such as the draft divorce agreement, WeChat, email, audio-visual materials, etc.

(4) In case of alarm, community mediation or family mediation, provide relevant evidence:

A. If both parties repeatedly report to the police due to family conflicts, domestic violence or family disputes, the date, caller, telephone number, name of the receiver, name of the police station, police station's police record, etc. shall be submitted. It proves that their relationship has indeed broken down and they can't live together;

B, the community and other organizations to participate in mediation, the need to submit the name of the community, mediation time, community mediation records and other materials; Prove that both sides have sought external help for reconciliation, but it has no effect;

C, relatives and friends mediation, for both parents, relatives and friends, marriage introducer to participate in mediation, but ineffective, need to submit chat records, audio and video, witness testimony and other materials; Prove that there is no possibility of reconciliation between the two sides.

(5) To prove that the other party has bad habits, it is necessary to provide corresponding evidence:

First, the relevant evidence materials of whoring, being investigated, administrative detention, criminal detention and other evidence;

B. Evidence of alcoholism, such as being taken to hospital, taking medicine and abstaining from alcohol. Personal injury or property loss caused by alcoholism, submit relevant evidence materials;

C. Gambling, such as providing gambling sites's login account number, password, account information, debt, repayment, being handled by the police and other evidence;

(6) The other party has received criminal or administrative punishment, etc. , and need to provide the corresponding documents.

(7) To prove the fault liability of the other party, including the following situations:

A bigamy and cohabitation outside marriage, such as the other party and the person outside marriage living together in the name of husband and wife, holding a wedding, having children out of wedlock, etc. ;

B. Medical information and alarm records of domestic violence, such as domestic violence.

(8) Other available evidential materials:

A, to prove the other party's personality, mentality distortion and other evidence materials, as the case may be;

B, the corresponding diagnosis certificate: if suffering from depression, serious illness, etc. To prove the danger and urgency that one party may be hurt or that one party is not suitable for divorce.

3. Evidence of child support

(1) In the case of fighting for custody of children, the party fighting for custody can provide the following evidential materials:

A, proof of income, requiring the seal of the unit and the signature of the agent; Prove the average monthly salary in the twelve months before suing for divorce or provide a payroll card.

B residence certificate, house ownership certificate, house lease contract, etc.

C, my academic certificate, award certificate, etc.

D videos, photos, etc. Committed to raising, educating and accompanying children, recording the notes of accompanying and caring for children, and providing children with a stable and good growth environment.

E. online shopping screenshots, invoices, receipts, etc. Buy supplies for children; All child insurance contracts.

F, take children to the hospital for medical treatment and other records, such as children's vaccine registration records, children's medical treatment records, vaccination books signed by us and our relatives, medical treatment receipts, invoices, etc. It proves that we put all our energy into taking care of all aspects of our children's lives and all our energy into their growth.

G, the provisions of the divorce agreement on the custody of children.

H. If two children are born, provide intimate photos and nifty videos of the two children together. Prove that the two children are inseparable and should live and grow together.

A letter of commitment from parents that they are willing to help us raise our children (written by parents and signed by both parties).

G, other evidence that I raise children is more conducive to the healthy growth of children.

K. Evidence to prove that the other party is not suitable for raising and caring for children, such as having bad habits, committing domestic violence, low quality, not taking family responsibilities, not taking care of children, suffering from serious diseases, being unable to take care of themselves, etc.

L, whether there is any danger for women to have children, whether they take great risks to have children, and the risk notice and reminder signed by the hospital.

(2) Evidence of requesting the other party to pay alimony

A, the classification of children's living expenses can be calculated and paid by month, quarter and year. Generally, it includes daily living expenses, compulsory education, vacation (going out) and medical treatment (fixed expenses for basic diseases, physical examination and daily medical treatment).

B, the other party's annual income summary, including bonuses, provident fund, etc.

4. Proof that the husband and wife have joint property.

(1) Evidence to prove the scope of joint property of husband and wife.

First, the real estate related evidence:

(1) Property ownership certificate, house purchase contract, house purchase invoice, deed tax, house maintenance fund ticket, agency contract, agency fee invoice, etc. ;

(b) For loans, loan contract and loan repayment details (including loan term, monthly repayment amount, principal, interest amount, remaining loan principal, etc.). ) submission;

(c) Relevant certification materials, such as investment certificate, original property sale certificate, and proof of premarital property, etc. , involving investment by parents and others, changing houses after selling their own houses, and pre-marital property investment;

(four) whether it is a policy housing and whether it can be listed and traded, relevant documents and certificates shall be provided;

(five) whether it is a military production building, whether it can be listed for trading or renamed for transfer, and provide relevant documents and certificates;

(f) Whether it is a central delivery room, whether it has worked for a long time, whether it can be listed and traded, and whether it meets the approval conditions for listing and trading, relevant documents and certificates are required;

(g) Purchase price, current value (follow at any time):

(h) Whether to accept or apply for real estate appraisal.

B. Evidence materials related to vehicles:

(a) driver's license, registration certificate (Great Green Paper),

(b) Pre-marital purchase and post-marital replacement/post-marital purchase: proof of replacement is required for pre-marital vehicle replacement after marriage;

Car purchase invoice;

Purchase value/cash value.

C. Evidence materials related to deposit and financial management:

(1) Transaction details of its own bank. For financial management, you can apply to the bank to issue corresponding details;

(2) If it is necessary to investigate the deposit and financial management of the other party, it is necessary to submit the necessary information such as the bank where the deposit/financial management is located, the account number and the bank where the account is opened.

D, provident fund related evidence materials:

(a) Inquire about the details of the provident fund;

(two) if you need to transfer, you need to provide the other unit, and indicate the transfer period.

E. evidential materials related to the company's equity:

Provide company name and relevant industrial and commercial registration information, etc.

(a) marketable securities; Evidence materials related to stocks and futures:

The specific name of the account opening institution and the running water related to the account.

(2) Proof materials related to social insurance and commercial insurance:

Commercial policies, insurance types, premiums paid and cash value of policies issued by insurance companies.

F, expensive watches, luxury goods related evidence:

(a) Brand, model and owner;

Purchase value and present value.

G, furniture, household appliances related evidence materials:

Brand and model;

(b) Invoice, payment status, purchase price and present value;

(c) Counting small assets.

H, intellectual property income and other relevant evidence materials, such as the actual patent or property income that has been clearly obtained.

I. Evidence materials related to antique calligraphy and paintings and collectibles:

(a) Value and custody;

(b) Characteristics, acquisition process and characteristics;

(c) invoices and payment vouchers.

J, precious metals (gold bars, gold) related evidence materials:

(a)(a) Time, place and value of purchase

Guardianship;

(c) invoices and payment vouchers.

K, enterprise annuity related evidence materials.

L, the relevant evidence of inheritance property.

M, accept the relevant evidence of donated property.

Noun (abbreviation of noun) is the evidence material related to overseas assets.

O, other property related evidence materials that need to be divided.

(2) The factors that may affect the division of marital property share include:

A. the fault of the other party;

B, your own fault;

C, the way of property acquisition;

D, the ownership of child custody and the payment of maintenance;

E. Whether to conceal, transfer, sell off, destroy or squander the property of husband and wife or forge evidence that husband and wife * * * occupy each other's property with debts.

5. Evidence materials to prove creditor's rights and debts

1, evidential materials related to creditor's rights

(1) Lending time, place and reason;

(2) The name of the debtor.

(3) the method and amount of lending;

(4) repayment.

2, debt related evidence materials

(1) Relevant evidential materials on the time, place and reason of foreign debt;

(2) Evidence related to the name of the creditor;

(3) Relevant evidence on the way and amount of default;

(4) Evidence materials related to repayment.

6. Other evidential materials that can prove the claims of the parties.

Fourth, matters needing attention

1, the parties should pay attention to confirm whether it is necessary to preserve evidence before filing divorce proceedings. In the case that the evidence may be lost or difficult to obtain later, the parties may apply to the court or notary office for evidence preservation.

2. The original documentary evidence shall be submitted. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, you can submit copies, photos, copies and excerpts, and you need to provide copies of other documents to confirm, otherwise it may not be valid evidence.

If the evidence materials involve audio and video evidence materials such as WeChat, SMS and recording. , the parties need to submit the original carrier to the court, that is, mobile phone, voice recorder, etc. Used for recording, photography and shooting; Therefore, evidence materials stored in computers, WeChat, mobile phones and other carriers are not allowed to be deleted, backed up or edited at will, otherwise the submitted evidence materials may not be accepted by the court.

The methods and procedures for obtaining evidence should be legal, and the legal rights of others should not be infringed because the procedures for obtaining evidence are illegal. For example, when using audio-visual materials to prove the facts of a case, it is required that the acquisition process of audio-visual materials shall not infringe upon other people's legitimate rights such as privacy.

3. When the evidential materials involve large deposits in bank accounts and financial management, the parties concerned should communicate with lawyers before making changes. If disposed of at will, it may involve extravagance, unauthorized transfer or concealment of husband and wife's property.

The litigation expenses of divorce cases refer to the expenses that the parties should pay according to law in divorce proceedings.

The charging standards of divorce proceedings can be divided into the charging standards of case acceptance, case application and other litigation-related charging standards.

Under normal circumstances, paying legal fees is a necessary condition for filing, hearing and judging divorce proceedings, and the parties concerned should pay a certain fee in advance when bringing a lawsuit to the people's court. If a party fails to pay or pay the legal fees on time, it shall be deemed to have withdrawn the lawsuit and bear the possible adverse consequences.

If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption in accordance with regulations.

Payment standard of case acceptance fee:

(1) Each divorce case ranges from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.

(2) If the parties object to the jurisdiction of the case, and the objection is not established, each piece of 50 yuan shall be paid to 100 yuan.

(3) If the case is settled through mediation or the parties apply to withdraw the lawsuit, the case acceptance fee will be paid by half.

(four) for cases that are tried by summary procedure, the case acceptance fee shall be paid by half.

(5) If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal against the judgment of the first instance.

(6) If the defendant files a counterclaim, and a third party with an independent claim files a claim related to this case, and the people's court decides to participate in the trial, it will pay the case acceptance fee by half respectively.

(seven) the retrial case that needs to pay the case acceptance fee shall pay the case acceptance fee according to the amount of the retrial request that refuses to accept the original judgment.

legal ground

People's Republic of China (PRC) Civil Code

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.

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 the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.