More and more people who are about to get married or are already married no longer have the courage to believe in each other's vows, and they no longer dare to easily make a promise to each other to stay together forever. When a marriage is in crisis, blindly compromising and forbearing will eventually result in the other party getting worse. Learn to use legal weapons to protect yourself and fight for your legal rights. The entire process of filing for divorce is here.

1. Causes of Litigation Divorce 1. What is Litigation Divorce? Litigation Divorce means that the couple cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the custody of children, etc., and A divorce system in which a person files a lawsuit in the People's Court, and after hearing the case, the People's Court will dissolve the marriage through mediation or a judgment. 2. What is the difference between litigation divorce and divorce by agreement? For divorce by agreement, you go to the civil affairs department, and for divorce by litigation, you go to the court. After both parties reach an agreement on marital property, debts and child support issues and form a written divorce agreement, both parties can hold identity certificates and marriage certificates, and complete some procedures in accordance with the requirements of the civil affairs department, then a divorce certificate can be issued. Litigation divorce should be said to be a necessary and useful supplement to the divorce by agreement system. When the two parties cannot reach an agreement on whether to divorce, property division, child support, etc. and cannot successfully divorce by agreement, one or both parties can sue the court on the disputed matters. .

Second, collect evidence 1. Be sure to keep calm! Keep calm! Keep calm! Say important things three times! If you cannot keep calm when collecting evidence, What will be the consequences? Here are a few common examples: (1) When caught cheating, if you lose your composure and carry out behaviors such as beating, insulting, stripping off the other person's clothes, etc., this may constitute the crime of intentional injury or forced humiliation. , obscenity and other crimes; (2) If you can’t help but spread the videos and photos related to the affair, it may constitute the crime of spreading obscene materials; (3) If you impulsively collect evidence and violate the privacy of the other party, the evidence may be invalid. , all efforts are in vain; (4) If you make a big fuss and often talk about divorce, it is tantamount to reminding the other party, which may make the other party prepare for divorce in advance, and then secretly transfer property. (Although the marital property that is maliciously concealed or transferred can be divided less or not at all, the evidence needs to be obtained by one's own party, otherwise he will bear the adverse legal consequences of the evidence) 2. When necessary, a lawyer can be entrusted to investigate and collect evidence. The law empowers lawyers to investigate and collect evidence. rights. If you don’t know the specific situation of the other party’s house, car, or deposit, you can entrust a lawyer to go to the relevant unit to investigate and collect evidence.

3. Sue in court 1. How to write a complaint (1) The format requires that the complaint should include: 1. Basic information of the parties (citizens should indicate name, gender, age, ethnicity, work unit and position) , address and contact information, the legal person shall indicate the full name of the legal person, domicile, name and position of the legal representative, name of the authorized agent, unit position and address); 2. Have specific and clear litigation claims; 3. Have the facts and reasons on which the lawsuit is based; 4. Evidence and evidence sources; 5. Signature, seal and date of signature of the parties. (2) How to write a lawsuit request 1. When claiming for divorce, the man can claim that the woman should return the bride price in the following situations: (1) Both parties have not completed the marriage registration procedures; (2) The parties have completed the marriage registration procedures but have not completed the marriage registration procedures. It is true that the couple does not live together; (3) The payment is made before marriage and causes difficulties in the life of the payer. For the woman, as long as the man cannot prove the above circumstances, the bride price will generally not be returned. 2. Same property and personal property. The following properties acquired by husband and wife during the marriage relationship shall belong to the husband and wife together: wages and bonuses; income from production and operation; income from intellectual property rights; income from inheritance or donation. Property, except property determined to belong only to the husband or wife in a will or gift contract; other property owned jointly by both parties. The personal property of husband and wife includes the legal personal property of husband and wife and the personal property of husband and wife by agreement. The legal personal property of husband and wife includes: one party’s pre-marital property; one party’s medical expenses, living allowance for the disabled, and other expenses due to physical injuries; property determined in the will or gift contract to belong only to one party or the other party; one party’s exclusive daily necessities; Other property that should belong to one party. The agreed personal property of husband and wife shall be based on the agreement voluntarily reached by both husband and wife after equal consultation. 3. Child custody issues: In principle, children during the breastfeeding period shall be brought up by the woman. If the two parties cannot reach an agreement on child support issues, the court will make a judgment based on the children's rights and interests and the specific circumstances of both parties. Generally, the court's reference factors include the following aspects: the property income of both parties; the personal moral character of both parties; and the wishes of the child. In short, the principle based on which the court determines who has custody of the child is the principle of maximizing the interests of the child. The parent who does not support the children cannot completely let go. Child support still has to be paid, usually 20%-30% of the monthly income. It can be paid in one lump sum or in installments. The amount of alimony can be changed after the divorce is filed and is not set in stone. 4 Damages If divorce occurs due to the following reasons, the non-fault party can claim damages: bigamy; spouse living with others; domestic violence; abuse or abandonment of family members.

The amount of compensation is affected by factors such as the subjective malice of the at-fault party, the severity of the consequences, and the local economic level. (3) Jurisdictional court The jurisdictional court means the court where the lawsuit will be filed during divorce. Generally, the plaintiff is the defendant. However, there are the following special circumstances: if one spouse has been away from the place of residence for more than one year, and the other party files for divorce, the case may be under the jurisdiction of the people's court of the plaintiff's place of residence; if the couple has been away from the place of residence for more than one year, and one party files for divorce, the defendant The people's court of the place of habitual residence has jurisdiction. If there is no place of habitual residence, the people's court of the place where the defendant resides when the plaintiff files the lawsuit has jurisdiction; if both parties are imprisoned or subject to compulsory education measures, the people's court of the place of the defendant's original residence has jurisdiction; if the defendant is imprisoned Or where compulsory education measures have been taken for more than one year, the people's court in the place where the defendant was imprisoned or where compulsory education measures were taken shall have jurisdiction. 2. Materials required for prosecution Materials required for prosecution include the complaint (generally made in triplicate, one for yourself, one for the court, and one for the defendant. The defendant's copy will be served to the defendant by the court after the case is filed), The identity information of both the plaintiff and the defendant (usually a copy of the ID card), marriage certificate, and other relevant evidence involving factual issues in the litigation request.

4. Court acceptance and hearing 1. The court will review whether to file the case. As long as the materials are complete and the court with jurisdiction makes no mistakes, the case will generally be filed. If the court refuses to file the case, it will inform you of the reasons for not filing the case, and you can promptly supplement and correct the materials as required by the court. 2. Defendant’s defense: The court will serve a copy of the complaint to the defendant within 5 days after the case is filed. The defendant should submit a defense within 15 days from the date of receipt. The court will serve the defense to the plaintiff within 5 days of receiving the defendant’s defense. 3. Mediation When trying a divorce lawsuit, there will usually be a mediation process before the trial. If the mediation is successful, a divorce mediation document will be produced, which will be legally enforceable. If mediation fails, the case will move to trial.

5. Judgment There are two types of judgments: granting divorce or not granting divorce. If the judgment does not grant divorce, you can file a lawsuit again after 6 months. The procedures and conditions for re-indictment are the same as for the first indictment.

Sixth, do I need to get the divorce certificate again? No. The divorce judgment after the court takes effect has the same legal effect as the divorce certificate from the Civil Affairs Bureau. The relevant Civil Affairs Bureau will receive the judgment, and the court will provide materials to register the divorce at the Civil Affairs Bureau. There is no need for the parties to go to the Civil Affairs Bureau to apply for a divorce certificate. .