The first step is to prepare evidence materials, and then go to the court to file a case.
The materials needed to file a divorce case with the court include: two copies of the complaint, the original and copy of the ID card and marriage certificate.
If the marriage certificate is lost, you can go to the civil affairs bureau where you registered for marriage to issue a marriage certificate instead of a marriage certificate.
The complaint needs to be prepared in advance, and it can be written or printed. If it is handwritten, go to the litigation service center of the court to get the paper of the complaint. Note that the court has guidelines on how to fill it out. Three copies of the indictment shall be prepared, two copies shall be submitted at the time of filing the case, and one copy shall be used at the court session.
Some evidence needs to be collected before divorce. Sometimes it is easier to collect evidence before filing for divorce. The evidence includes two aspects. On the one hand, it involves property disputes and collects evidence to prove what property is. On the other hand, it is the evidence of emotional breakdown, collecting evidence to prove that the relationship between husband and wife is broken and it is not suitable for continuing to live together.
The second step is to wait for the court proceedings, get the court summons and prepare for the court session.
After receiving the prosecution materials, the court will go through legal procedures. When the court notifies to pay the legal fees, the plaintiff needs to pay the filing fee. Generally does not involve the amount of property, the filing fee is 300 yuan.
After the plaintiff paid the fee, he waited for the court to carry out the procedure, and the court served a copy of the complaint on the defendant. If the defendant submits a defense, the court will serve a copy of the defense on the plaintiff. The court will serve the notice of proof, the notice of filing a case and other materials to both parties respectively.
In the meantime, the plaintiff may further collect evidence. If some evidence needs to be obtained by the court, he can submit an application for investigation and evidence collection to the court within the statutory time limit. If a witness needs to testify in court, he can submit an application for witness to testify in court. If you need to submit evidence, you can contact the investigating judge. It really needs to be handed over to a judge or submitted in court within the time limit for proof.
After completing all legal procedures, the court will determine the court session time and serve court summons to both parties respectively.
In marriage cases, the court will mediate first, and it is likely that the court will arrange mediation before the court session, or mediate first when the court session is held.
The third step is to formally open the court.
According to the time and place of the court summons, a formal hearing was held.
Fourth, the court issues legal documents.
Under normal circumstances, legal documents will not be issued in court after the trial. If it is a civil mediation, the court will serve it on both parties in a few days. If it is a civil judgment, it usually takes more time.
The civil conciliation statement shall take effect after being signed by both parties.
After both parties received the civil judgment, the document came into effect after an appeal period of 15 days.
The fifth step is to ask the court to issue a divorce certificate.
Because the personal information recorded in the civil judgment and civil mediation is very detailed, in order to effectively protect the privacy of the parties, you can now apply for a divorce certificate in the court. The divorce certificate only records the name, ID number, case number and effective date of the case.
When you need to go through the divorce formalities, you can use the divorce certificate.