Our country law sets, the divorce has two kinds of forms, it is consultative divorce, however lawsuit divorces. Generally speaking, in one party different idea divorces or both sides is brought up to children, belongings is broken up when waiting to did not reach unanimous opinion, can choose to sue a divorce. Litigant fashion divorces, divorce at the agreement relatively, the program wants slow, cost wants tall. So divorce about sueing, what does need notice?
Lawsuit divorces, decide first commonly administer court, according to our country " code of civil law " regulation, divorce suit is abided by " accuser with respect to the accused " principle, prosecutor of general divorce case is sued to court of layer of foundation of the accused abode can.
The 2nd, sue a divorce to need to decide lawsuit is politic first, prepare indictment and evidential data according to litigant strategy next. Submit indictment and evidential data the court. Indictment forms by the content of tripartite face: It is former defendant fundamental condition, include means of full name, sexual distinction, address, Id date, connection to wait; 2 it is prosecution request, if request to adjudicate divorce, children brings up view of problem, belongings to wait; 3 it is the fact that sues a basis and reason, why to want to divorce with the spouse namely. When put on record, accuser needs to submit two indictment and evidential data, keep of a court, a service gives defendant.
When put on record, accuser still needs this waiting for to carry Id, marriage certificate, registered permanent residence, if the marriage certificate is missing, can issue marriage to register to the former marriage mechanism that register the record proves or issue proof letter to local police station. If want to bring up authority and belongings to break up to children along with all the others in lawsuit,make processing, still need to carry detailed list of filial birth certificate, belongings to wait.
The 3rd, after the put on record that finish, proposal party is mixed in time advocate careful judge connection, whether to need clearly to do belongings to conserve the check that reach tone is occupied.
The 4th, in process of front courtyard careful, involve what remove to marital relation, him need accepts an inquiry to front courtyard. If the accused rejects to appear in court, basis " code of civil law " 100 regulation, "People court is right must arrive the accused of front courtyard, unexpectedly via two subpoena subpoena, be less than front courtyard without warrant refus, can arrest is passed. Can arrest is passed..
When open a court session, the judge can organize 2 people to adjust first, if be in intercessory process, 2 people talk things over to reach unanimous opinion consistently, the judge can organize the mediation that make to note, allot intercessory book then. If 2 people cannot talk things over,agree, the court can judge feeling according to evidence and bilateral manner whether burst, whether to adjudicate a divorce.
The 5th, once divorce court decision is made, marital relation removes. The possibility that sues adjudicative divorce for the first time commonly is not large, if the court did not support what the divorce requests, party can choose to be in receive judgment mentions inside 15 days appeal, request cognizance of 2 careful court, or accuser is OK sue a divorce again after 6 months.
