The methods of litigation divorce are as follows:
1. Submit the indictment, and the evidence of marital emotional breakdown is as follows:
(1) The original ID card of the plaintiff shall be returned to the plaintiff after inspection;
(2) The proof of husband-wife relationship can generally provide a marriage certificate and a certificate of marital status issued by the marriage registration authority;
(3) Proof that the husband and wife * * * have joint property can generally submit a property list, but it can also be submitted at the court session;
(4) If you have children, you should also submit your child's birth certificate and household registration book;
(5) If it is the second time to sue for divorce, the plaintiff will also issue a court judgment;
2. If the defendant submits the defense, the court shall serve a copy of the defense on the plaintiff;
3, trial, court investigation, cross-examination, find out the truth, clear the rights and obligations of both parties;
4, the court served the legal documents of the judgment, the parties sign for it.
The procedures for handling divorce certificates are as follows:
1. Divorced men and women * * * apply to the district/county civil affairs bureau or the marriage registration office of the town people's government and submit corresponding materials, as follows:
(1) My permanent residence booklet and ID card;
(2) Marriage certificate or husband-wife relationship certificate issued by the mainland marriage registration authorities of both parties or Chinese embassies abroad;
(3) the divorce agreement between the two parties;
(4) Both parties shall submit two recent half-length bareheaded color photos of 1 inch;
(5) divorce agreement;
2. Both parties fill in the Declaration of Application for Divorce Registration, and sign or fingerprint in front of the marriage registrar;
3. Both parties sign a will agreeing to the contents of the divorce agreement, and sign or fingerprint in front of the marriage registrar;
4. The marriage registration authority shall examine the documents, agreements and supporting materials submitted by the divorced parties, and register them if they meet the requirements for divorce registration.
To sum up, one party does not need the consent of the other party to apply for divorce from the court, but it can submit the corresponding evidence materials to the court, and the court will make corresponding judgments on both parties according to the specific circumstances of the case.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC)
If one of the spouses requests a divorce, the relevant organizations 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.