Litigation divorce means that the husband and wife can't reach an agreement on whether to divorce or divide property, share debts and raise children. However, in the case of bringing a lawsuit to the people's court, the complaint, relevant identity documents and evidence materials need to be handed over to the court.
If the parties need a lawyer to represent them in litigation, there are two ways: one is to entrust a lawyer of the corresponding profession to represent them in a law firm. Second, those who meet certain conditions, such as the poor, can apply for free legal representation, that is, legal aid, from the judicial bureau, women's federations, legal aid centers and other departments.
Legal basis: Article 1077 of the Civil Code. Within 30 days from the date when the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078 of the Civil Code: If the marriage registration authority finds out that the two parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.
Article 1076 of the Civil Code: 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 willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 of the Civil Code: If one of the husband and wife requests a divorce, the relevant organization can 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.