Divorce mainly focuses on three issues: husband and wife have property, husband and wife have debts, and children are raised. Therefore, it is necessary to collect evidence from these three aspects, investigate the property and debts of husband and wife, and strive to prove that they have the ability to raise children.

register

The following materials should be prepared for filing a case: two copies of ID card (one for the defendant and one for the court); Original and photocopy of marriage certificate (the court needs to see the original, and some local courts will keep the original, such as Zanhuang and Luancheng in suburban counties of Shijiazhuang); Indictment (suggested by lawyers)

3. Time limit for proof

The time limit for applying general procedures to divorce proceedings is 30 days, and the court session will be held after 30 days.

Hold a trial

Trial in court refers to the sum of all the investigations conducted by the people's court after receiving the prosecution and before making a judgment. According to the provisions of China's Civil Procedure Law, the trial is divided into three stages: pretrial preparation, mediation and trial: ① pretrial preparation. After accepting the divorce proceedings, the people's court, after examination, meets the conditions for filing a case, shall file a case within 7 days, and serve a copy of the complaint to the defendant within 5 days after filing the case, and the defendant shall file a defense within 15 days after receiving the copy of the complaint; Judges examine litigation materials, conduct investigations and collect evidence; The people's court shall replace the party who does not meet the conditions for prosecution or responding to the lawsuit, and notify the qualified party to participate in the lawsuit; According to the litigation request of the parties, the litigation preservation or payment in advance shall be carried out. ② Mediation. After accepting a divorce case, the people's court should first mediate so that the parties can eliminate their differences and understand each other, so as to reach a divorce or reconciliation agreement. If a settlement agreement is reached, the people's court will record the agreement and generally do not issue a conciliation statement; If a divorce agreement is reached, the people's court shall make a conciliation statement, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. Mediation and judgment have the same legal effect. (3) listening. If the people's court fails to mediate, it will hold a hearing. Notify the parties and other participants in the proceedings three days before the opening of the court session. Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline. The judge checks the parties, announces the cause of action, and announces whether the judge withdraws; After that, the court began to investigate and ask the parties and their statements; Inform the parties of their rights and obligations, ask witnesses, and read the testimony of witnesses who did not appear in court; Ask the appraiser and read the appraisal conclusion; Produce documentary evidence, physical evidence and audio-visual materials; Read the interrogation record. Then, the court debate began, the plaintiff and his agent ad litem spoke, the defendant and his agent ad litem spoke, and the two sides debated each other.

Step 5 judge

According to the trial, mediation should be conducted again. If mediation fails, a verdict will be pronounced immediately. The people's court shall pronounce a verdict in public. If a verdict is pronounced in court, it shall be served within ten days; If the sentence is pronounced regularly, the judgment will be issued immediately after the sentence is pronounced.

The first instance procedure of divorce case has ended. If one party refuses to accept the judgment, he can bring a second-instance lawsuit to a higher court. If the parties fail to appeal within 0/5 days after the judgment, the judgment will take effect and the first instance will end. In a case where divorce is never tried, the plaintiff may not sue again within six months without new facts and reasons, which is equivalent to giving both parties a cooling-off period.

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