The so-called prisoner means that the prisoner is punished for violating the criminal law and serving his sentence in prison. Of course, prisoners still have civil rights, and they can get married or divorce. 1. Divorce procedure for prosecuting prisoners 1, drafting a complaint 2. Preparing the evidence needed for litigation 3. Submitting the complaint and evidence to the court with jurisdiction 4. The court decides whether to accept the lawsuit 5. After the court accepts the divorce lawsuit, it will send a copy of the complaint to the other party within the legal time. 6. The court arranged the hearing and sent subpoenas to both parties. 7. Hearing: Both parties may entrust lawyers or other professionals to represent them in litigation (in general, both divorced parties must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce). 8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support. Second, the determination of the breakdown of husband and wife's feelings To judge whether the relationship between husband and wife has really broken down, we should comprehensively analyze the marriage basis, feelings after marriage, reasons for divorce, the current situation of husband and wife relationship, and the possibility of reconciliation. According to the relevant provisions of the Marriage Law and the experience of trial practice, the relationship between husband and wife is deemed to have really broken down in any of the following circumstances. If one party insists on divorce and mediation fails, divorce may be granted according to law. 1. One party suffers from marital diseases prohibited by law, or one party has physical defects, or cannot have sexual relations for other reasons, which is difficult to cure. 2. Lack of understanding before marriage, hasty marriage, and no relationship between husband and wife after marriage, making it difficult to live together. 3. Concealing mental illness before marriage, failing to be cured after marriage, or getting married knowing that the other party is suffering from mental illness before marriage, or one of the spouses is suffering from mental illness during their life and has not been cured for a long time. 4. One party cheats the other party, or cheats to get a marriage certificate in marriage registration. After the marriage registration, the two sides have never lived together and there is no possibility of reconciliation. 6, arranged, buying and selling marriage, after marriage, one party immediately filed for divorce, or * * * has lived together for many years, but has not established marital feelings. 7. Separated for 2 years due to emotional disharmony, there is no possibility of reconciliation, or the people's court ruled that divorce is not allowed, separated for 1 year, and failed to perform the obligations of husband and wife. 8. If one party commits adultery or cohabits with others, and still shows no repentance after education, it is really impossible for the innocent party to sue for divorce, or the wrong party to sue for divorce, and the other party does not agree to divorce. After criticism, education and punishment, or after the people's court ruled that divorce was not allowed, the wrong party sued for divorce again. 9. One party bigamy, the other party filed for divorce. 10. Because one party likes to relax, hates work, has bad hobbies such as drug abuse and gambling, and fails to fulfill family obligations, it is difficult for husband and wife to live together after repeated education. 1 1. One party is sentenced to long-term imprisonment according to law, or its illegal and criminal acts seriously hurt the feelings of husband and wife. 12, one party's whereabouts were unknown for two years, and the other party filed a divorce lawsuit, but it was found that there was no whereabouts after the announcement. 13, abused or abandoned by the other party, or abused or abused by the other party's relatives, and the other party did not understand after education. 14, one party has domestic violence. 15, the relationship between husband and wife did break down for other reasons. Iii. Financial management measures before divorce 1, collect the family passbook card number, salary card number, stock and fund account number with property certificate, and make copies of these documents as the background. For large real estate such as real estate license and car purchase agreement, try to keep the original. If not, keep the copy properly. (Insert data link 1) Three cases of property notarization before marriage (1) Most couples don't need to notarize their property. Ordinary couples do not notarize before marriage, and personal property before marriage is still personal property. When divorcing, they will clearly distinguish between pre-marriage and post-marriage. (2) One party is very rich, and the relationship between them is particularly good. They notarized that this part of the property belongs to both parties, and the personal property was converted into the joint property of husband and wife. (3) If it is necessary to define the intermediate state of law, it shall be notarized. If, on the wedding day, the title certificate of the property and car purchased by one party alone does not come down. You can't get a birth certificate until you get married, and the law will consider it the property of husband and wife. This situation needs notarization. 2. Consulting lawyers ask professional lawyers to truthfully state family property and take professional guidance in marriage. If the husband and wife can sign an agreement peacefully, divide the common property, go to the marriage registration office for simple procedures and save the lawyer's fees, it is naturally the best. But in fact, divorce is rarely so simple, and it is difficult to reach an agreement only on the division of property. Even if both of them are sincere, it is difficult to decide how to be fair to both sides. And lawyers can help you solve these difficult problems. For example, your real estate license has not been issued yet. What measures should you take to protect your property? This kind of ambiguous question will be very helpful to most people. 3. Prevent the other party from concealing the same property. 4. Entrust a survey company. If it is necessary to go to court in marriage and you are worried about the transfer of the other party's property, you can entrust a detective firm or an investigation company. Business information consulting companies and business investigation companies are legally operated institutions approved by the State Administration for Industry and Commerce. Through them, we can investigate relevant property information and clues. 5. Freezing property If you find that the other party has started to transfer property, you should take the initiative to attack. Please ask your lawyer to apply for property protection and freeze the other party's property, car, deposit account and stock account without the other party's knowledge, and then file a lawsuit. When all the property is frozen, the people's court will hear the case and this part of the property will be divided according to law. This is a good method for property division and post-execution. According to the law, if one spouse is a prisoner, the other spouse can still sue for divorce, and the procedure is the same as ordinary divorce proceedings.
Legal objectivity:
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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.