Documents and procedures required to file for divorce:
1. The following materials are required to file a divorce lawsuit in court: the plaintiff’s original ID card, which will be returned to the plaintiff after review. Proof of the couple's relationship as husband and wife can generally be provided by a marriage certificate and a marriage status certificate issued by the marriage registration authority. To prove that husband and wife share the same property, it is generally sufficient to submit a property list. Specifically, it can be submitted during the court session. If you have children, you should also submit their children’s birth certificates and household registration books. If it is the second time to file for divorce, the plaintiff will also need to issue a valid judgment from the court. If the woman is pregnant, she should state the date of pregnancy and provide a diagnosis certificate issued by the hospital.
2. Provide proof of property. The information provided can include a list of the parties' pre-marital personal property, joint property, real estate certificates, or other family members' properties. For the property in dispute, supporting materials such as the source of the property and the time of acquisition should be provided, such as invoices. Provide relevant evidence of the income, claims and debts of both parties. If there are claims or debts, supporting documents such as IOUs, name, address or workplace of the debtor or creditor should be provided. If there is a deposit, the name of the savings bank, account opening date, account number, deposit amount, etc. should be provided.
3. Procedure for filing a lawsuit for divorce: Go to the People’s Court to file a lawsuit application. (Generally, you go to the filing hall, which will review the case. If you meet the conditions for filing the case, the case will be filed. If you two do not live in the same place, then according to the principle of "plaintiff versus defendant", you have to go to the right place to file a lawsuit. ) After being reviewed by the filing hall and meeting the filing conditions, and the filing is approved, the filing court will issue a filing notice, and you will pay the litigation fee (50 yuan) based on the filing notice. The court formally accepted the case. After the filing division of the court accepts the case, it will be transferred to the civil division for trial. After the civil court accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit. At the same time, the court also notifies you to appear in court to participate in the lawsuit. After both parties appear in court, the court will conduct mediation (this is a necessary procedure). Litigated divorce means that one spouse requests a divorce on the grounds that their relationship has truly broken down, and the other spouse does not agree to the divorce or although both parties agree to the divorce, they cannot reach an agreement on issues such as property division or child support. The divorce proceedings are heard, mediated or adjudicated.
When hearing divorce cases, the People's Court shall conduct mediation. If mediation fails and the couple's relationship has truly broken down and there is no possibility of reconciliation, a ruling should be made to grant divorce to both parties.
To determine whether the relationship has indeed broken down, a comprehensive analysis should be made from the foundation of the marriage, post-marital feelings, reasons for divorce, the current status of the relationship between husband and wife, and the possibility of reconciliation.
1. Differences
There are differences in time period, economic cost, process procedures and legal effect between litigation divorce and registered divorce. Both divorce methods have their own advantages and disadvantages, and they are suitable for both parties to dissolve the marriage under different circumstances.
In litigation divorce, due to the intervention of professional lawyers and judges, the divorce mediation agreement or court judgment reached by both parties is legal and operable, and the agreement is clear and difficult to cause disputes. After divorce, The probability of further disputes is relatively low.
1. Different time periods
Litigation divorce: According to relevant laws and regulations, the first-instance summary procedure is 3 months, and the ordinary procedure is 6 months; if you are not satisfied with the first-instance judgment, appeal , the trial period for the second instance under ordinary procedures is 3 months; the trial period can be extended under special circumstances.
Registering for divorce: Both parties reach an agreement and make a divorce agreement. There is currently a 30-day cooling-off period for divorce. The Civil Affairs Bureau has reviewed and approved the relevant necessary materials (ID cards of both parties, marriage certificate, household register, two copies) Two-inch single photo and a divorce agreement). The processing time is between 31 days and 60 days.
2. Different economic costs
Litigation divorce: Litigation divorce involves litigation fees, real estate and other related appraisal fees, etc. According to relevant regulations, each divorce case costs 50 yuan to 300 yuan. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
Register for divorce: Go to the marriage registration agency to negotiate a divorce. There is currently no charge.
3. Different procedures
Litigation divorce: after case filing review, pre-litigation mediation, case acceptance, court hearing, judgment and other procedures;
Registered divorce: self-registration Within thirty days from the date when the marriage registration agency receives the divorce registration application, if either party is unwilling to divorce, the divorce registration application may be withdrawn. Within thirty days after the expiration of the divorce cooling-off period, both parties should go to the marriage registration authority in person to apply for issuance of a divorce certificate; failure to apply will be deemed to have withdrawn the divorce registration application. If the marriage registration agency finds out that both parties are indeed voluntarily divorcing and have reached consensus on matters such as child support, property, and debt settlement, the marriage registration agency will register the marriage and issue a divorce certificate.
4. Different legal effects
Litigation divorce: Court mediation and judgment documents have mandatory effect. If one party refuses to perform, the other party can apply to the court for compulsory execution.
Registering divorce: The divorce agreement is formed based on the consensus of both parties and is binding on both parties. After divorce by agreement, if the parties have disputes over the performance of the divorce agreement, they may file a lawsuit with the People's Court.
Divorce litigation requires a series of procedures, including determining the jurisdiction of the court, filing a case, hearing, judgment, and execution. However, not every case goes through all procedures.
The court with jurisdiction over divorce proceedings: usually refers to the people's court where the defendant is domiciled. Case filing: The People's Court implements a case filing registration system, and the parties concerned prepare relevant materials around specific litigation claims. Case filing can be done online, offline, or by mail.
Court hearing: The substantive stage of divorce litigation, during which both parties present evidence and cross-examine the evidence and conduct court debates. Judgment and execution: For a legally effective civil judgment or ruling, the parties may apply to the People's Court of First Instance or the People's Court of the same level as the People's Court of First Instance where the property subject to execution is located for execution.
1. Determination of Jurisdiction
According to the relevant provisions of the Civil Procedure Law, the court with jurisdiction over divorce proceedings is the people's court where the defendant is domiciled.
The place of residence generally refers to the place of household registration of the party. If the place of residence is inconsistent with the place of habitual residence, the place of habitual residence shall prevail;
If the defendant has left his place of residence for more than one year, he may The lawsuit shall be filed in the People's Court of the place where the plaintiff has his/her domicile, except for citizens who are hospitalized for medical treatment;
If both spouses have been away for more than one year, the lawsuit shall be filed in the People's Court of the place of the defendant's habitual residence; if the defendant has no habitual residence, the suit shall be filed in When the lawsuit is filed, the lawsuit shall be filed in the People's Court of the place where the defendant resides;
If the defendant does not live in the country or his whereabouts are unknown, or is declared missing, taken compulsory measures, or imprisoned, the lawsuit shall be filed in the People's Court of the plaintiff's habitual residence (if there is no regular If the place of residence is the place of household registration).
Both husband and wife may file a divorce lawsuit in the People's Court, except for the following circumstances:
1. The woman shall, during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, The man shall not file for divorce; however, this shall not apply unless the woman files for divorce or the People's Court deems it necessary to accept the man's request for divorce.
2. In cases where divorce is not allowed or divorce can be reconciled through mediation, if there are no new circumstances or new reasons, the "plaintiff" in the previous lawsuit shall not file for divorce again within six months;
3. In a divorce case in which the plaintiff withdraws the lawsuit or is handled as withdrawn, if there are no new circumstances or new reasons, the "plaintiff" in the previous lawsuit shall not sue for divorce again within six months;
4. Active duty If a spouse of a military member requests a divorce, he or she must obtain the consent of the military member, unless one of the military personnel has a major fault.
2. Application for filing a case
The People's Court implements a case filing registration system, and the parties concerned prepare relevant materials focusing on specific litigation claims.
Cases are filed online, offline, by mail, etc. For prosecutions that comply with legal provisions, the People's Court will register and file the case on the spot. For prosecutions that do not comply with legal provisions, the People's Court will provide clarifications.
The People's Court shall send a copy of the plaintiff's indictment to the defendant within five days from the date of its decision to file the case, and notify the defendant to make a written reply. If the defendant is indeed unable to respond within 15 days due to reasons that are not personal will, he may apply to the People's Court for an extension based on the facts, and the People's Court may make a decision on the extension.
1. Preparation of pre-litigation materials
Regarding specific litigation claims, it is generally necessary to prepare the following written materials: civil complaint (i.e. divorce complaint), plaintiff’s identity certificate (household register, identity card) certificate), child identity certificate (birth certificate, household registration book, ID card), marriage relationship certificate (marriage certificate, marriage certificate, household registration book).
To prove that the relationship between husband and wife has indeed broken down, such as domestic violence, spouse living with others, etc., relevant evidence needs to be provided;
If it is necessary to divide the joint property of husband and wife, Evidence materials or clues related to the corresponding property need to be provided.
2. Submit a case filing application
Case filing can be done online, offline, or by mail. Online methods such as electronic litigation platforms, offline methods refer to going directly to the filing tribunal of the court to submit case filing materials, and mailing methods refer to mailing case filing materials to the designated address of the court for filing application.
3. Case acceptance
The People's Court implements a case registration system. It shall accept all complaints submitted by the parties, issue written certificates and indicate the date of receipt.
For prosecutions that comply with legal provisions, the People's Court will register and file the case on the spot; for prosecutions that do not comply with legal provisions, the People's Court will provide explanations.
After the court filing department registers and accepts the materials, if the plaintiff agrees to mediation, the court must organize mediation for both parties to the divorce case.
If the plaintiff does not agree to mediation or the mediation is unsuccessful, the case will be filed if the case filing conditions are met and a notice of acceptance will be sent; if the case filing conditions are not met, the plaintiff should be notified to make corrections within a time limit. After making corrections, the case filing conditions are still not met. , it is ruled not to be accepted.
4. Reply
The People’s Court shall send a copy of the plaintiff’s indictment to the defendant within five days from the date when it decides to file the case, and notify the defendant to make a written reply;
The defendant shall make a written reply within fifteen days from the date of receipt of a copy of the indictment served by the People's Court.
If the defendant fails to submit a statement of defense within fifteen days, it will not affect the trial of the People's Court.
If the defendant is indeed unable to respond within 15 days due to reasons beyond his own will, he may apply to the People's Court for an extension based on the facts, and the People's Court may make a decision on the extension.
3. Court hearing
Court hearing is the substantive stage of divorce proceedings and mainly includes the following procedures:
1. Court investigation;
2. Evidence and cross-examination;
3. Court debate;
4. Final statement;
Mediation runs through the entire process of divorce cases, and the judge before the trial Mediation can be organized again for both parties, and if mediation still fails, a court hearing will be held.
Both parties must attend the court hearing on time according to the time determined by the subpoena. There are no special circumstances for the parties involved in a divorce case. In principle, both parties are required to attend the court hearing in person. Those who are unable to attend the court must submit written opinions.
IV. Court Judgment
Before the court’s judgment, the plaintiff has the right to file an application to withdraw the lawsuit, and the court will decide whether to grant it.
If the plaintiff refuses to appear in court or leaves the court midway without permission from the court, the court will rule that the case will be dismissed in accordance with the law. Within six months after the plaintiff withdraws the lawsuit or handles it as withdrawn, if there are no new circumstances or new reasons, he may not file for divorce again.
After the case enters this stage, both parties can still apply for court mediation on issues such as divorce, child support, and property division. Reconciliation through mediation shall be recorded by the People's Court; in case of divorce through mediation, the People's Court shall confirm the agreement voluntarily reached by the parties and prepare a mediation document.
If mediation is ineffective, the people's court shall make a judgment in accordance with the law. If the relationship between the couple has truly broken down, the divorce shall be granted.
Fifteen days after the parties sign the judgment are the appeal deadlines. If the parties are dissatisfied with the judgment, they may appeal to the People's Court. If the judgment is not granted and there is no appeal, the plaintiff can file for divorce again six months later.
5. Application for Enforcement
For a legally effective civil judgment or ruling, the parties may apply to the People’s Court of First Instance or the same level as the People’s Court of First Instance where the property to be executed is located. The People's Court shall enforce it.
If the parties and interested parties believe that the execution violates legal provisions, they may submit written objections to the people's court responsible for execution. Written objections raised by parties or interested parties shall be reviewed by the People's Court within fifteen days from the date of receipt of the written objection. If the grounds for the objection are established, the People's Court shall rule to revoke or correct the objection; if the grounds are untenable, the People's Court shall rule to reject the objection. If the parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the next higher level within ten days from the date of delivery of the ruling.
It should be noted that parties who have obtained a valid divorce mediation letter or divorce judgment do not need to obtain a divorce certificate.
Once the divorce registration is completed, or the divorce judgment or mediation document becomes effective, the marriage relationship is dissolved. While the divorce decree has not taken effect, the parties shall not get married again.
Evidence for divorce proceedings includes, but is not limited to, proof of marital relationship, factual evidence of the reasons for divorce, proof of children’s circumstances, evidence of fault of one spouse, evidence of the spouses’ shared property and marital debts , proof of family housing situation, proof of couple’s income and other evidence.
According to the principle of "whoever makes the claim must provide evidence" in the Civil Procedure Law, the parties concerned are obliged to provide evidence for their claims. Therefore, when one spouse files for divorce, he or she must provide corresponding evidence and materials to prove the facts of the case for the relevant claims.
At the same time, during the process of evidence collection, it is necessary to ensure the legality of the methods and procedures for obtaining evidence, and to protect the legal rights of others from being infringed because of illegal evidence collection procedures.
1. Overview of evidence
Evidence refers to the basis for determining the facts of a case in accordance with the litigation rules. Evidence is of great significance for parties to conduct litigation activities, safeguard their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue in litigation. In the trial process of any case, the true nature of the incident needs to be reproduced and restored through the evidence and the evidence chain formed by the evidence. Only a judgment based on sufficient evidence can be a fair judgment. Moreover, evidence should exist objectively. Forging or destroying evidence is an illegal act and should be investigated for legal responsibility.
2. Types of evidence
According to Article 63 of the "Civil Procedure Law": "Evidence includes: 1. Statements of the parties; 2. Documentary evidence; 3. Physical evidence; 4 , Audio-visual materials; 5. Electronic data; 6. Witness testimony; 7. Appraisal opinions; 8. Inspection records. The evidence must be verified to be true before it can be used as the basis for determining facts. ”
3. Evidence materials<. /p>
1. Evidence of identity relationship
(1) Evidence that can prove the relationship between husband and wife, such as marriage certificate, household register, etc.;
(2) Evidence that can prove children Evidence of the situation, such as birth certificate, only child certificate, household register, etc.
2. Evidence materials proving the breakdown of the couple’s relationship:
(1) The first divorce judgment, transcript and other relevant legal documents proving the breakdown of the relationship;
< p>(2) Relevant evidence of separation:a. Rental contract, transfer voucher for rent payment such as bank statements, WeChat conversation with the landlord, WeChat (Alipay) transfer voucher, access permit for the community where you are located, etc. Evidence proving the actual place of residence;
b. If you are staying at your parents' or friends' house, you can provide proof of residence issued by the property management company, neighborhood committee, etc. (it is necessary to indicate when you started living in the place of residence, proof Separation status of both parties);
c, chat records, etc., proving that the two parties have formed an actual state of separation, etc.
(3) If both parties have drafted a divorce agreement, the evidence that can be provided includes:
a. Relevant evidence of the parties discussing the content of the divorce agreement, such as WeChat, emails, and audio-visual materials etc.;
b. Explain the results of the divorce agreement negotiation and the reasons why no consensus was reached, etc. Such as drafted divorce agreement, WeChat, email exchanges, audio-visual materials, etc.
(4) If there is a police report, community mediation, or mediation by relatives and friends, corresponding evidence must be provided:
a. Both parties have repeatedly reported to the police due to domestic conflicts or domestic violence or family disputes, and must submit The date of calling the police, the person who called the police, the telephone number, the name of the person who responded to the police, the name of the police station where the police called, the police record of the police station, etc., prove that the relationship between the two parties has indeed broken down and they cannot live together;
b. Community and other organizations intervene in mediation , need to submit community name, mediation time, community mediation records and other materials; prove that both parties have sought external help for reconciliation, but to no avail;
c. Mediation by relatives and friends, for parents, relatives, friends, and marriage introducers of both parties Intervene in mediation, but if it is ineffective, you need to submit chat records, audio recordings, video recordings, witness testimonies and other materials to prove that there is no possibility of reconciliation between the two parties.
(5) To prove that the other party has bad habits, corresponding evidence must be provided:
a. Prostitution, relevant evidence materials investigated and dealt with, evidence of administrative detention, criminal detention, etc.;
b. Alcoholism, evidence of being sent to the hospital, taking medication, and receiving alcohol treatment due to alcoholism.
If personal injury or property loss is caused by alcoholism, submit relevant evidence materials;
c. Gambling, such as providing gambling website login accounts, passwords, account information, debts, repayments, and evidence of being dealt with by the police;
(6) If the other party has received criminal or administrative penalties, corresponding documentary evidence must be provided.
(7) The burden of proving the fault of the other party includes the following situations:
a. Bigamy, cohabitation outside marriage, such as the other party living together with an extramarital person in the name of husband and wife, and holding a wedding , with proof of illegitimate children, etc.;
b. Domestic violence, such as information on medical treatment due to domestic violence, alarm records, etc.
(8) Other evidence materials that can be provided:
a. Other evidence materials proving that the other party has inconsistent personality, distorted mentality, etc., depending on the situation;
b. Corresponding diagnosis certificate: If one party suffers from depression, major illness, etc., it proves the urgency of the danger that one party may be harmed or that one party is not suitable for divorce.
3. Evidence materials related to child custody
(1) When fighting for child custody rights, the party seeking custody rights can provide the following evidence materials:
a. Proof of income must be stamped by the unit and signed by the person in charge; prove the average monthly salary for the twelve months before the divorce is filed or provide salary card slips.
b. Residence certificate, house ownership certificate, house rental contract, etc.
c. Personal academic certificates, award certificates, etc.
d. Videos, photos, etc. of devotedly raising, educating, and accompanying children, recording parenting notes of accompanying and caring for children, and providing a stable and good growth environment for children.
e. Online shopping screenshots, invoices, receipts, etc. for purchasing supplies for children; all insurance contracts for purchasing insurance for children.
f. Records of taking the child to the hospital for medical treatment, such as the child’s vaccine registration record, the child’s medical treatment record, the vaccination book signed by us and relatives, etc., medical receipts, invoices, etc., It proves that we are dedicated to taking care of all aspects of our children's lives and putting all our energy into their growth.
g. The agreement on child custody in the divorce agreement.
h. If you have two children, please provide intimate photos and videos of the two children playing together. It proves that two children are inseparable and should live and grow together.
i. A letter of commitment from my parents expressing their willingness to assist us in raising our children (it must be handwritten by the parents and signed by both parties. The content states that the parents are capable and willing to assist us in raising our children, etc.).
g. Other evidence proving that raising your children by yourself is more conducive to their healthy growth.
k. Evidence that the other party is not suitable to raise and take care of the children, such as bad habits, domestic violence, low quality, failure to assume family responsibilities, failure to take care of children, serious illness and inability to take care of themselves, etc.
l. Whether women are in danger when giving birth to children, whether they bear great risks to give birth to children, risk notification letters and reminders signed by the hospital, etc.
(2) Evidence materials for requesting the other party to pay alimony
a. Classification of child living expenses, which can be calculated and paid by month, quarter, year, etc. Generally includes daily living expenses, compulsory education, etc., vacation (travel), medical treatment (fixed expenses for basic diseases, physical examination, daily medical treatment), etc.;
b. Summary of the other party’s annual income, including bonuses, provident funds, etc.
4. Evidence materials proving that the husband and wife have the same property
(1) Evidence materials proving the scope of the husband and wife’s property
a. Real estate Relevant evidence materials:
(a) Real estate certificate, house purchase contract, house purchase invoice, deed tax, housing maintenance fund invoice, intermediary contract, intermediary fee invoice, etc.;
(b) Involving For a loan, you need to submit a loan contract and loan repayment details (including loan period, monthly loan repayment amount, principal, interest amount, remaining loan principal, etc.);
(c) Involving investment from parents and others If one party sells a house and then changes the house, or contributes property before marriage, etc., it is necessary to submit the investment certificate, the original house sale certificate, evidence that can prove that it is pre-marital property and other relevant supporting materials;
(d) Is it a policy housing? , whether it can be listed and traded, relevant documents and certificates must be provided;
(e) Whether it is a military property, whether it can be listed and traded or whether it can be renamed and transferred, relevant documents and certificates must be provided;
< p>(f) Whether it is a central delivery room, whether it uses seniority, whether it can be listed and traded, and whether it meets the approval conditions for listing and trading, relevant documents and certificates must be provided;(g) Purchase price, current value (at any time Attention):
(h) Whether to accept or apply for property appraisal.
b. Vehicle-related evidence materials:
(a) Driving license, registration certificate (big green book),
(b) Purchase before marriage and replace after marriage /Purchasing within marriage: Submission of replacement certificate is required for vehicle replacement before marriage and after marriage;
(c) Car purchase invoice;
(d) Purchase value/current value.
c. Evidence materials related to deposits and financial management:
(a) Details of your own bank transactions, financial management can apply for the bank to issue corresponding details;
(b) If you need to investigate the other party's deposits and financial management, you need to submit necessary information such as the bank where the deposit/financial management is located, the account number, and the bank where the account is opened.
d. Provident fund related evidence materials:
(a) Provident fund inquiry details;
(b) If you need to apply for transfer, you need to provide the other party’s unit, Specify the retrieval period.
e. Evidence materials related to the company’s equity:
Provide the company name and relevant industrial and commercial registration information, etc.
(a) Securities; stocks and futures related Evidence materials:
The specific name of the account-opening institution and account-related statements, etc.
(b) Evidence materials related to social insurance and commercial insurance:
Commercial insurance policy, insurance type, premiums paid and cash value of the policy issued by the insurance company, etc.
f. Evidence materials related to luxury watches and luxury goods:
(a) Brand, model, and who owns it;
(b) Purchase value, current value .
g. Evidence materials related to furniture and home appliances:
(a) Brand and model;
(b) Invoice, payment status, purchase price, current value ;
(c) Make a list of small property.
h. Intellectual property income and other relevant evidence materials, such as actual patent rights obtained or property income that has been clearly obtained.
i. Evidence materials related to antique calligraphy and painting, and collectibles:
(a) Value and storage status;
(b) Characteristics, purchase and acquisition process, characteristics ;
(c) Invoice and payment voucher.
j. Evidence materials related to precious metals (gold bars, gold articles):
(a) (a) Purchase time, place, value
(b) Storage status;
(c) Invoices and payment vouchers.
k. Enterprise annuity-related evidence materials.
l. Evidence materials related to inherited property.
m. Evidence materials related to the acceptance of property received as a gift.
n. Evidence materials related to overseas assets.
o. Other evidence materials related to property that need to be divided.
(2) Factors that may affect the division of the husband and wife’s share of the same property include:
a. The other party’s fault;
b. One’s own fault;< /p>
c. The method of property acquisition;
d. Ownership of child custody and payment of child support;
e. Whether it is concealed, transferred, sold, or destroyed , squandering the joint property of the spouses, or forging evidence of the joint debts of the spouses and misappropriating the property of the other party.
5. Evidence materials proving claims and debts
1. Evidence materials related to claims
(1) Time, place and reason for external lending;
(2) Name of debtor;
(3) Lending method and amount;
(4) Repayment status.
2. Debt-related evidence materials
(1) Evidence materials related to the time, place and reason for external debt;
(2) Evidence related to the name of the creditor Materials;
(3) Evidence materials related to the method and amount of arrears;
(4) Evidence materials related to repayment status.
6. Other evidentiary materials that can prove the parties’ claims
IV. Notes
1. Before filing divorce proceedings, the parties should pay attention to confirm whether evidence preservation has been carried out necessary. When evidence may be lost or difficult to obtain in the future, the parties may apply to the court or notary office for evidence preservation.
2. Original documentary evidence must be submitted. The original physical evidence must be submitted. If it is really difficult to submit the original document or object, you can submit a copy, photo, copy, or excerpt, and you need to provide other documents to verify the copy, otherwise it may not be used as valid evidence.
If the evidence materials involve WeChat, text messages, recordings and other audio and video evidence materials, the parties need to submit the original carrier to the court, that is, the mobile phone, voice recorder, etc. used for recording, taking photos, and filming; therefore, they are stored in computers, Evidence materials on WeChat, mobile phones and other carriers must not be deleted, backed up, or edited at will, otherwise the evidence materials submitted may not be accepted by the court.
The methods and procedures for obtaining evidence should be legal to ensure that the legal rights of others will not be infringed due to illegal evidence collection procedures. For example, when using audio-visual materials to prove the facts of a case, it is required that the process of obtaining the audio-visual materials must not infringe on the legal rights of others, such as the right to privacy.
3. When the evidence materials involve large deposits or financial management in bank accounts, the parties must communicate with the lawyer before making any changes. If they are handled casually, it may involve unauthorized squandering, transfer, and concealment of the couple’s personal information. Same property.
Litigation fees in divorce cases refer to the fees that parties should pay according to law when conducting divorce proceedings.
The charging standards for divorce proceedings can be divided into the charging standards for case acceptance fees, the charging standards for case application fees, and the charging standards for other litigation-related fees.
Normally, the payment of litigation fees is a necessary condition for the filing, hearing and judgment of divorce proceedings. The parties concerned should pay a certain amount of fees in advance when filing a lawsuit with the people's court. If a party fails to pay the litigation fees or fails to pay them on time, the lawsuit will be deemed to have been withdrawn and the party will bear possible adverse consequences.
If the parties concerned find it really difficult to pay the litigation fees, they may apply to the People's Court for deferment, reduction or exemption of payment in accordance with regulations.
Case acceptance fee payment standards:
(1) 50 yuan to 300 yuan for each divorce case. When it comes to property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
(2) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
(3) If the case is settled through mediation or the parties apply to withdraw the case, the case acceptance fee will be reduced by half.
(4) For cases subject to simplified procedures, the case acceptance fee will be reduced by half.
(5) If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the first-instance judgment.
(6) If the defendant files a counterclaim and a third party with independent claim rights files a claim related to the case, and the People's Court decides to merge the cases, the case acceptance fee shall be halved.
(7) For retrial cases that require payment of case acceptance fees, the case acceptance fees shall be paid according to the amount of the retrial request for the part of the original judgment that is not accepted.
Legal Basis
"The People's Republic of China and the Civil Code"
Article 1079 If one of the spouses requests a divorce, the divorce may be filed by the relevant Organize mediation or file divorce proceedings directly with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Domestic violence committed Or abuse or abandon family members;
(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;
(4) Separated for more than two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, if one party files a divorce lawsuit again, the divorce shall be granted. Article 1076 If both spouses voluntarily divorce, they shall sign a written Divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.