Divorce proceedings against domestic violence;
First, the first step in suing for divorce in domestic violence is to write a divorce complaint.
Second, prepare the evidence needed to sue for divorce in domestic violence.
3. Bring two copies of the complaint prepared before, the original and two copies of the evidence materials to the court where the defendant's household registration is located or where both parties have lived together for more than 1 year, and go through the relevant formalities in the filing court.
Four, the filing court to review whether to accept the domestic violence prosecution divorce cases and pay legal fees to go home and other notices.
Five, the court accepts the divorce case of domestic violence, and will deliver the copy of evidence and other materials to the other party within the legal time. The court arranges the hearing time and sends subpoenas to both parties.
6. Divorce mediation is a necessary procedure stipulated by law, so if the other party agrees, the divorce court will organize both parties to conduct divorce mediation, or organize mediation before the court session, or ask both parties whether they are willing to mediate first. If the mediation is successful, a civil mediation document shall be issued. If the divorce is not agreed or the mediation is unsuccessful, the court session will continue.
7. During the court session, both parties may entrust lawyers or other agents, and the court will decide whether to grant divorce and the division of property related to child support according to the evidence and litigation requests provided by both parties. At this time, the court may decide whether to divorce or not. Generally, the divorce court will decide that the defendant who does not agree with the divorce for the first time will not divorce.
the marriage law of the people's republic of china
Article 46 In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
Thirty-second in divorce proceedings, if one of the men and women requests a divorce, the relevant departments 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, mediation is invalid and divorce is 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;
(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.
Wish you a happy life!