A. Do you want to go to court first or find a lawyer first? 1. It is best to consult a lawyer before divorcing and listen to the lawyer’s opinions. After all, they are professionals. 2. After entrusting a lawyer, you can ask the lawyer to sue on your behalf and submit an indictment to the court. There are three issues involved in collecting divorce evidence: marital and property issues, marital and debt issues, and child support issues. Therefore, it is necessary to collect these three aspects of evidence and materials, investigate the joint property and debt situation of the couple, and for child support issues, you need evidence to prove your ability to raise your children. When filing a case, you must prepare the following materials: Two copies of ID cards ( One copy for the defendant and one for the court to keep); two copies of the original and photocopy of the marriage certificate (the court needs to see the original and keep the photocopy. Some local courts will keep the original, such as Shijiazhuang Suburban, Zanhuang, Luancheng, etc.); prosecution Letter (it is recommended to be written by a lawyer) 3. Time limit for proof. The general procedure applicable to divorce litigation is 30 days for proof, and the hearing will begin after 30 days.
2. What are the court procedures for divorce litigation? During the trial, after receiving the indictment, the People's Court starts the proceedings and conducts all investigations before making a judgment. According to the provisions of the Civil Procedure Law, a trial is divided into three stages: preparation, mediation, and trial: 1. Preparation for trial stage. After the people's court receives the divorce litigation materials, and upon review, if it meets the conditions for filing the case, it shall file the case within 7 days and serve a copy of the complaint to the defendant within 5 days after the filing of the case. The defendant shall file a defense within 15 days after receiving the copy of the complaint. pleadings; judges must review litigation materials, investigate and collect evidence; the people's court should replace parties or respondents who do not meet the conditions for prosecution, and notify qualified parties to participate in the litigation; participate in litigation in accordance with the "Law of the People's Republic of China"; at the request of the parties Conduct litigation preservation or prepay litigation fees. 2. Mediation. After the people's court accepts a divorce case, it must first mediate the parties so that they can eliminate their differences, understand each other, and reach a divorce or reconciliation agreement. If an agreement is reached, the People's Court will record the agreement in the file and generally does not issue a mediation letter; if a divorce agreement is reached, the People's Court shall prepare a mediation letter, signed by the judge and clerk, and stamped with the seal of the People's Court. The mediation letter and the judgment have the same legal effect. 3. Held a court hearing. If mediation by the People's Court fails, the case will be heard in court. The parties and other litigation participants shall be notified of the court date three days before the hearing. Before the trial, the clerk checks whether the parties and other litigation participants are present in court and announces court discipline. The judges check the parties, announce the cause of the case, and announce whether the judges have recused themselves; then, they start the court investigation, asking the parties and their statements; informing the parties of their rights and obligations, questioning witnesses, and reading out the testimonies of witnesses who are not present in court; questioning the appraisers, and reading out the appraisal conclusions; Present documentary evidence, physical evidence and audio-visual materials; read out the investigation report. Subsequently, the court debate began, with the plaintiff and his attorney speaking, the defendant and his attorney speaking, and both sides arguing with each other. 4. Declaration of judgment: According to the circumstances of the court trial, mediation should be carried out. If mediation fails, the judgment will be pronounced. The People's Court pronounced its verdict publicly. If the judgment is pronounced in court, the judgment shall be served within ten days; if the judgment is pronounced on a scheduled basis, the judgment shall be served after the judgment is pronounced. In divorce cases, the first-instance proceedings are concluded. If the parties are dissatisfied with the judgment, they may appeal to the higher court and initiate a second-instance lawsuit. If the parties do not appeal within 15 days of the judgment, the judgment becomes effective and the first instance ends. The plaintiff who refused to divorce in the first instance is not allowed to file a lawsuit again within 6 months without new facts and reasons, which is equivalent to giving both parties a cooling-off period. National law does not stipulate whether parties should file a lawsuit first or find a lawyer when filing for divorce. However, in order to better solve their own divorce problems, divorce parties should first entrust a lawyer and ask the lawyer for specific procedures. This can not only help the parties solve their problems, but also save our judicial resources and improve judicial efficiency.