1. After the divorce is decided by the court, it is not necessary to go to the Civil Affairs Bureau for divorce procedures.
2. There are two divorce procedures in China: divorce registered by civil affairs bureau and divorce by court proceedings, which have the same legal effect;
3. According to the provisions of China's Marriage Law, both husband and wife can go through divorce procedures in two ways: first, if the husband and wife divorce voluntarily and can reach an agreement on issues such as child support and property division, they can go to the civil affairs department for divorce registration; Second, if the husband and wife can't reach the above agreement, one of them can file a divorce lawsuit with the court. If the court thinks that the relationship between husband and wife has indeed broken down, it can decide to divorce; If the husband and wife can reach an agreement in court, the court can conduct civil mediation and both parties can mediate divorce.
What is the specific procedure after the judgment of divorce proceedings?
1, write the indictment required by the lawsuit;
First of all, you should write a complaint, which should have appropriate claims, reasonable facts and reasons and legal basis. These are all important factors that determine the success or failure of litigation. Therefore, the design should be well conceived when writing a complaint, otherwise it will not only affect the result of playing high technology, but also sometimes cause the loss of lawyer's fees.
2. file a case;
After writing the complaint, it needs to be submitted to the court for the record. When filing a case, you must first choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
3. hearing;
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting one's own views, and its purpose is to convince the judge and the other party to recognize one's own views. Wait for the court's decision after the debate.
4. judge;
If a party refuses to accept the judgment after the hearing, he must appeal within 15 days, that is, during the second trial. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
5. executive power;
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for compulsory execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
To sum up, it is Bian Xiao's relevant answer to what procedures need to be handled after the court decides divorce. I hope it will help you.
legal ground
civil law
Article 1078 If the marriage registration authority that registered the divorce finds out that both parties really divorced voluntarily and reached an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.
Article 1079 If one of the spouses 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.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) 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.