First, can divorce be a full-time agent?
Both parties can entrust an agent to represent their rights when handling divorce procedures, whether in litigation or agreement. However, both parties must be present to sign the divorce procedure.
Civil procedure law:
Article 62 If there is an agent ad litem in a divorce case, I shall appear in court unless I can't express my feelings. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Marriage Registration Ordinance:
Article 10 If a mainland resident divorces voluntarily, both men and women shall register for divorce at the marriage registration office where one of the permanent residences is located.
China citizens and foreigners voluntarily divorce in China Mainland, while mainland residents and Hong Kong residents, Macao residents, Taiwan Province residents and overseas Chinese voluntarily divorce in China Mainland. Both men and women should register for divorce at the marriage registration office where the permanent residence of mainland residents is located.
Article 11 Mainland residents applying for divorce shall submit the following documents and supporting materials:
(1) My household registration book and ID card;
(2) my marriage certificate;
(3) The divorce agreement signed by both parties.
When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Twelfth in any of the following circumstances, the marriage registration authority shall not accept the divorce registration:
(1) No divorce agreement has been reached;
(2) Belonging to a person without or with limited capacity for civil conduct;
(three) do not apply for marriage registration in mainland China.
Article 13 The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in divorce registration and ask about the relevant information. If the parties do divorce voluntarily and reach an agreement on issues such as child support, property and debts, they shall register on the spot and issue a divorce certificate.
Lawyer Sun Binze added:
Two. Procedure for lawyers to represent defendants in divorce disputes
The procedure of suing for divorce includes three stages:
The first stage: the prosecution stage
This stage includes the following three steps:
The plaintiff submits the complaint, copy and relevant evidence to the people's court;
The people's court accepts the documents and materials submitted by the plaintiff for examination;
If it meets the legal provisions and requirements after examination, it shall make an acceptance decision and file a case; Otherwise, the plaintiff's documents and materials shall be returned and the reasons for rejection shall be informed.
The second stage: the defense stage
The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to make a written reply;
The defendant shall submit a reply within 15 days from the date of receiving the copy of the complaint served by the people's court.
If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment.
If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.
The third stage: the trial stage
This stage enters the substantive stage of divorce proceedings, mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following steps:
Draft a complaint;
Prepare the evidence needed for litigation;
Submit a complaint and evidence to a court with jurisdiction;
The court decides whether to accept the lawsuit;
After accepting the divorce proceedings, the court shall send a copy of the complaint to the other party within the legal time;
The court arranges the court session time and sends subpoenas to both parties;
Court hearing: both parties can entrust lawyers or other professionals to represent them in litigation (generally, both parties to a divorce must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce);
According to the plaintiff's claim and the evidence submitted by both parties, the court made a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
Lawyer Sun Binze, a local lawyer in Yiwu and a member of all china lawyers association, has a rich theoretical foundation of law and rich practical experience in handling cases, and provides professional legal services for clients. He is good at acting as an agent in civil and commercial litigation and non-litigation cases, economic disputes and criminal cases, and serves as a corporate legal adviser.