How to sue for divorce if a spouse cheats in marriage? 1. Prepare civil litigation. 2, to the people's court with jurisdiction, and submit relevant evidence. 3. Attend and participate in litigation activities on time according to the notice of the people's court. 4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.
What are the rules for litigation divorce? Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation 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. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted. Article 1080 The marriage relationship is dissolved when the divorce registration is completed or the divorce judgment or conciliation statement comes into effect. Article 1081 If the spouse of an active serviceman requests a divorce, he shall obtain the consent of the active serviceman, unless one of the serviceman is at great fault. Article 1082 A woman may not file for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy. However, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce. Lawyers can collect relevant evidence for clients, but citizens' right to privacy is protected by law. For example, lawyers have no right to go to the hotel to retrieve the other party's room opening records, but lawyers will choose the corresponding evidence collection method according to the specific circumstances of the derailment case.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Lawyers Law.
Article 28 A lawyer may engage in the following businesses: (1) Accepting the entrustment of a natural person, legal person or other organization to act as a legal adviser; (two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation; (3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents; (four) to accept the entrustment and represent the complaints of various litigation cases; (five) to accept the entrustment and participate in mediation and arbitration activities; (6) Accepting entrustment to provide non-litigation legal services; (seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.