The process of litigation divorce:
1. Bring a lawsuit to the people's court. Generally, they will go to the filing hall, where they will be audited, and those who meet the conditions for filing will be filed. If the two parties do not live together, a lawsuit shall be brought in the man's place according to the principle that the plaintiff is the defendant. When filing an application for divorce proceedings, the following documents must be provided: an indictment requesting divorce judgment; Household registration book; Identity card; Marriage certificate;
2. After being examined by the filing hall to meet the filing conditions, the filing court will issue a notice of filing, and pay the legal fees with the notice of filing, which will be formally accepted by the court;
3. After being accepted by the court filing court, the case will be transferred to the civil court for trial;
4. After accepting the case, the civil court issues a subpoena to the other party, requiring it to appear in court at a certain time. At the same time, the court also notified to appear in court to participate in the proceedings;
After both parties appear in court, the court will mediate. The mediation results are as follows:
(1) If both parties are willing to maintain the marriage after mediation, you will drop the lawsuit and the marriage will remain valid;
(2) After mediation, the other party agrees to the divorce request of the party concerned, and after the children and property issues are settled, the parties file a lawsuit, and both parties go to the marriage registration office for divorce registration;
(3) After mediation, the parties still insist on divorce and do not agree, or both parties agree, but the handling of children and property issues is controversial. Then the court will hear and decide;
6. The court made a judgment on whether to grant the divorce through trial.
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.