if you are suing for divorce, you need to bring the necessary materials, including divorce indictment, ID card and marriage certificate (if you don't have a marriage certificate, you can go to the civil affairs bureau where the marriage registration is located to issue a certificate of marital status). If you are suing at the other party's habitual residence, you need to bring the certificate of the other party's habitual residence (issued by the defendant's neighborhood Committee or property, and many neighborhood committees or properties are reluctant to issue this certificate now. There is another way, if the defendant has already applied for a residence permit, he can also entrust a lawyer to the public security bureau to obtain residence information. If the other party's household registration place carries the other party's household registration certificate, it is best to have it in triplicate, one for the court, one for the defendant, and the last for your own use. After filing a case, according to the number of court cases, it usually takes about 1 week to 2 months, and the judge will inform the original defendant of the time to go to court, which may be mediation or direct court hearing. During the litigation or after the trial, both parties will be organized to mediate, usually twice. The case will be settled by mediation (agreement between the two parties) or judgment. The mediation cannot be appealed, but the judgment can be appealed. The whole divorce procedure takes 3 months to 1 year. If it is a divorce by agreement, it is necessary to reach an agreement on whether to divorce, custody of children and division of property. If mainland residents divorce voluntarily, both men and women should register for divorce at the marriage registration office where one party's permanent residence is located.
Documents and supporting materials required for divorce registration:
1. My household registration book and ID card.
2. My marriage certificate.
3. divorce agreement signed by both parties (in triplicate).
4. Both parties need to submit two recent bareheaded 1-inch single photos. You can get a divorce certificate on the day of divorce by agreement.
legal basis: article 119th of the civil procedure law of People's Republic of China (PRC).
The prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific requests, facts and reasons;
(4) it belongs to the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 12
A lawsuit shall be filed with the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.