How to fight a divorce lawsuit

There are seven steps in divorce proceedings. They are: 1, writing a civil complaint; 2. Bring a lawsuit to the local grass-roots court and go through the filing procedures in the filing court; 3. Submit a civil complaint, marriage certificate, husband and wife ID card, children's household registration book or birth certificate when filing a case; 4. Pay the fees after review by the filing court; 5. Submit payment bills and materials to the court filing chamber and wait for the notice; 6. The court is scheduled to hold a session; 7. The court made a judgment.

legal ground

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.

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.