User consultation:
If a divorce petition has been filed with the court, what is the next procedure? Whether the plaintiff needs to collect evidence of the other party's irresponsibility, I only ask for a divorce, and there is no other requirement.
Lawyer Zhou of Chongqing Meiling Law Firm replied:
The court usually mediates first. If mediation fails, both parties reach an agreement and decide to divorce.
If a person is irresponsible, divorce is hasty. The court will consider the specific circumstances and the wishes of the other party.
Lawyer Zhou's analysis:
After the prosecution, the plaintiff shall collect and sort out relevant evidence within the time limit specified by the court and write a list of evidence:
Evidence of marital breakdown:
(a) bigamy or a spouse living with others; Alarm records, police station inquiry records, witness testimony, etc. ;
(2) committing domestic violence or abusing or abandoning family members; Alarm records, police station inquiry records, witness testimony, etc. ;
(three) gambling, drug abuse and other bad habits; Public security organs' administrative punishment decisions, court judgments, witness testimony, etc. ;
(four) separated for two years due to emotional discord; Renting contract for living outside, paying rent, paying utilities, etc. ;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
Evidence of dividing the same property: real estate license, vehicle driving license, bank deposit slip, etc. ;
Proof of raising children: proof of salary of the main unit with fixed income, etc.
The court served the defendant with the complaint, court summons and other responding materials, and the defendant failed to submit the defense and evidence, which did not affect the trial of the case;
The court presided over the mediation, failed to reach an agreement, held a court session on time, the defendant did not appear in court, and the court ruled by default.
Lawyers popularized the law:
Article 32 If a man or a woman requests a divorce, the relevant department 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 a spouse living with others.
(2) committing domestic violence or abusing or abandoning family members.
(three) gambling, drug abuse and other bad habits.
(4) Having been separated for two years due to emotional disharmony.
(5) Other circumstances that lead to the breakdown of the marriage relationship.
Lawyer Zhou graduated from Southwest University of Political Science and Law with profound legal knowledge and rich practical experience. He is good at handling legal affairs such as construction engineering, corporate governance, marriage and family, contract disputes, etc. Adhering to the concept of dedicated and meticulous service, he also won the unanimous praise of the parties and was rated as one of the top ten lawyers in Yubei District.