What to say in the divorce court
What to say in the divorce court Divorce is a very common thing nowadays. If divorce cannot be reached by agreement, it can only be divorced through litigation. Here’s a look at what to say at a divorce hearing. What should be said in the divorce court 1
1. What should be said in the divorce court
(1) If it is a lawsuit. In the facts and reasons: write "When did you meet (introduced by someone, or a classmate or colleague, friend, relative or friend)? When did you get married? Give birth to a son, named **, who does he live with, and what grade are you in now?" What is the reason for your divorce? Finally, the plaintiff said that the relationship with the defendant has broken down and there is no possibility of reconciliation. The court ruled that the plaintiff and the defendant should be divorced. How much will the child support be? Partition or which property or property belongs to you."
(2) If the divorce case is in court, the plaintiff can say "insist on the litigation requirements" when making his final statement.
2. How to distribute property during divorce
If both spouses divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement should state the intention of both parties to divorce voluntarily, and should reach consensus on matters such as child support, property and debt. Husband and wife have equal rights to handle **** joint property. According to Article 1062 of my country’s Civil Code, the following property acquired by a husband and wife during the marriage relationship belongs to the husband and wife and belongs to the husband and wife:
( 1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
( 4) Income from intellectual property rights;
(5) Income from the sale of goods and provision of services;
(4) Inherited or donated property, except for Article 106 of this Law Except as provided in paragraph 3 of this article;
(5) Other property that should be owned by ****tong.
3. Situations in which alimony is required to be paid after divorce
The relationship between parents and children does not disappear when the parents divorce. After divorce, children are still the children of both parents, whether they are raised directly by the father or the mother. If parents fail to fulfill their child support obligations, minor children or adult children who cannot live independently have the right to ask their parents to pay child support. After divorce, if a child is directly raised by one parent, the other parent should bear part or all of the child support. The amount and period of alimony shall be agreed upon by both parties; if an agreement cannot be reached, the People's Court shall make a judgment. How should the court express its stance during divorce 2
1. How should the court express its stance during divorce proceedings?
There is no prescribed format or template for statements in court in divorce cases. The main thing is to seek truth from facts. You can state it truthfully according to your specific circumstances, but you should pay attention to the following matters:
1. To prove that the relationship between husband and wife has indeed broken down, submit evidence to the court that the relationship between husband and wife has indeed broken down. When presenting evidence, you must grasp the fundamental points in your statement or defense, such as the fact of separation, or the irreconcilable conflicts between the husband and wife in their marriage, etc., and make a clear and targeted defense to leave the judge with a message that is really inappropriate. The subjective impression of becoming a couple.
2. Due to the special nature of divorce cases, the status of both parties is basically equal. Listen carefully to the other party’s statement, be calm and calm, control your emotions, and remember to be reasonable with the parts of the other party’s statement that are inconsistent with the facts. Make a grounded rebuttal.
The final statement can focus on specific matters such as the family's financial situation, whether there are legal grounds for divorce, such as domestic violence, abuse, abandonment, etc. The statement does not lie in the words, the key is to leave the judge's attitude and strength. evidence.
2. What is the procedure for hearing a divorce case?
1. Like general civil cases, the trial of divorce proceedings can be divided into three stages, namely preparation for trial; trial; and judgment.
Preparation for trial refers to the time after the People's Court accepts the plaintiff's lawsuit.
After deciding to accept the case, and before the trial, in order to ensure the smooth progress of the case trial, the case judges will make necessary preparations and activities. Trial refers to the entire process in which the People's Court hears a case in this court or other appropriate venue set up by this court after completing the preparatory work before the trial.
The judgment in a divorce case refers to the judgment made by the people's court on the case in accordance with the law after legal trial procedures.
2. After the preparatory work before the trial is completed, the court investigation stage will begin. The court investigation is conducted in the following order:
(1) Statements from the parties;
(2) Inform witnesses of their rights and obligations, testify in court, and read out the testimonies of witnesses who are not present in court.
(3) Present documentary evidence, physical evidence, and audio-visual materials;
(4) Read out the appraisal conclusion;
(5) Read out the investigation transcript. The parties may present new evidence in court, and with the permission of the court, the parties may ask questions to witnesses, appraisers, and examiners.
In summary, divorce cases are very common civil cases, and the court will hear them in accordance with procedures. After the hearing, the plaintiff is first arranged to make a statement. As the party suing for divorce, he should provide as much evidence as possible around the fact that the relationship between the two parties has broken down beyond repair, such as proof of separation, evidence of the other party's affair or domestic violence, etc. Statements must be objective and true.
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What should the plaintiff say during the divorce case?
What should the plaintiff say during the divorce case during the hearing? It is up to the plaintiff to decide. The plaintiff should state the content of the lawsuit and show that its lawsuit is legal and reasonable.
Relevant legal provisions
People's Republic of China, National Civil Procedure Law
Article 138 Court investigation shall be conducted in the following order:
(1) Statements of the parties;
(2) Informing witnesses of their rights and obligations, witnesses who have appeared in court to testify, and witnesses who have not appeared in court to testify;
(3) Presentation Documentary evidence, physical evidence, audio-visual materials, and electronic data;
(4) Read out the appraisal opinion;
(5) Read out the inspection transcript.
Article 141 of the "National Civil Procedure Law of the People's Republic of China"
Court debates shall be conducted in the following order:
(1) The plaintiff and his litigation agent speak;
(2) The defendant and his litigation agent make a reply;
(3) The third party and his litigation agent speak or reply ;
(4) Debate with each other.
After the court debate, the presiding judge solicits the final opinions of all parties in the order of the plaintiff, defendant, and third party.
The above knowledge is my answer to the question "What should the plaintiff say in the divorce case?" The content of the plaintiff's court argument in the divorce case should be decided by the plaintiff. The plaintiff should state the content of the lawsuit and explain the content of the lawsuit. Your own lawsuit claims are legal and reasonable.