1. Procedure for filing a divorce lawsuit:
1. After the court accepts the divorce case, it will send a copy of the complaint and indictment to the other party within the legal period
6. The court will arrange the court session and send a summons to both parties
7. Held a court hearing. Hearing: Both parties can entrust lawyers or other professionals to appear in court on their behalf (generally, the divorcing party must appear in court. If he cannot appear in court for special reasons, he must issue a written opinion to the court on whether to divorce)
8. Court Based on the plaintiff's claims and the evidence submitted by both parties, it will be decided whether to hold a trial on issues such as whether to grant divorce, how to divide property, and how to resolve child support issues.
2. Evidence required for divorce proceedings
(1) Evidence proving the qualifications of the parties (plaintiff and defendant) as litigants
1. Proving that the plaintiff and defendant are Evidence of the relationship between husband and wife, such as marriage certificate, marriage certificate, household register and ID card, etc.
2. If it involves de facto marriage, a certificate issued by the neighborhood committee or village committee should be submitted.
3. To prove that the defendant’s whereabouts are unknown, a certificate issued by the village committee, neighborhood committee or public security agency of the defendant’s place of residence or habitual residence shall be submitted.
(2) Evidence proving the breakdown of the couple’s relationship
1. If domestic violence is involved, a forensic medical certificate should be submitted and witness statements should be submitted.
2. If drug abuse or gambling is involved, a certificate issued by the neighborhood committee, village committee or public security agency should be submitted; if administrative penalties or criminal offenses are involved, the relevant penalty decision or judgment should be submitted.
3. If a person is bigamous or has a spouse living with others, he/she should submit the marriage certificate, birth certificate of the child, household registration certificate, photos or certificates related to the above behaviors issued by the neighborhood committee, village committee, or public security agency.
4. If divorce occurs due to bigamy, cohabitation of a spouse with others, domestic violence, abuse and abandonment of family members, the non-fault party has the right to claim damages.
(3) Evidence that it is appropriate for one party to raise the children
1. To prove that one party is in good financial condition, he or she should submit a salary slip or other legal income certificate, or submit proof of relevant residence status.
2. If minor children over 10 years old are involved, evidence that the children are willing to live with their father or mother should be submitted.
(4) Evidence of property during the marriage relationship****
1. If there is evidence of real estate, the real estate certificate or house purchase contract, payment invoice or capital contribution certificate should be submitted.
2. If you prove that you have bank deposits and apply for court investigation, you should submit your bank account number; if you prove that you have shares and apply for court investigation, you should submit your shareholder code and fund account number; if you prove that you have a vehicle, you should submit your driving license , license plate number.
3. To prove that the other party has equity in the company, the company’s industrial and commercial registration and investment certificates should be submitted.
4. If it is proved that one party has claims and debts, in addition to submitting an IOU, relevant evidence must be provided to support it.
5. If it is proved that the couple has an agreement on property, the agreement and other relevant evidence must be submitted.
6. If you apply for court investigation and evidence collection but cannot provide the above clues, your application will be rejected in accordance with the law.
(5) If there are specific requirements for property division, a list of main properties should be submitted.