Divorce cannot be handled until the two parties meet. It must be handled in the residence of one party, as follows:
1. Write a complaint. The complaint generally includes claims and factual reasons. Of course, the identity information of both the plaintiff and the defendant is indispensable. The most important thing is the claim. Although the claim requires the least space, it is the most important, so it is generally best completed under the guidance of lawyers. Generally, the indictment is in duplicate, one more for each additional defendant;
2. Prepare the evidence required for litigation. Evidence materials are directly related to the success or failure of the case. As the saying goes, a lawsuit is a case of evidence, and evidence is the foundation of a successful lawsuit. In general, the number of copies of evidence is the same as that of the statement of complaint, which is also in duplicate. One piece of evidence is added for each additional person. Evidences are usually photocopies, and the originals are kept by themselves, but the originals must be checked at the hearing;
3. After the above litigation materials are prepared, the complaint and evidence shall be submitted to the court with jurisdiction. Generally, the court with jurisdiction is the basic court in the defendant's place of residence, that is, the district level court, including the court dispatched by the local court. If the defendant is an outsider, the court of jurisdiction is the basic court of his/her habitual residence. For example, the address on the residence permit is his/her habitual residence;
4. The court decides whether to accept the case after receiving the plaintiff's case filing materials. According to the law, it generally decides whether to accept the case within seven days. However, most courts in Shenzhen accept the case on the spot as long as they meet the acceptance conditions. If it is a complex case, the court may also accept the materials first, and notify whether to accept it after study;
5. After the court accepts the case, it will generally send a copy of the statement of complaint to the other party within 5 days, and the other party will reply within 15 days after receiving it. If no reply is made, the trial of the case will not be affected. After the reply period, the court can arrange a hearing date;
6. The court arranges the hearing time and sends summonses to both parties;
7. The court session was held. The divorce case is special. Because it involves personal relations, both parties must attend the court in person on the day of the court session to accept the court investigation. If they cannot attend the court due to special circumstances, they must apply to the court for not attending the court in person. After the court permits, they must also issue a written opinion on whether they agree to divorce;
8. Normally, about 30 days after the hearing, the general court will decide whether to grant the plaintiff's divorce request according to the actual situation of the case, and make a judgment on property division, child rearing and other issues together. Here is the experience about whether divorce can be decided. Generally, the court will decide divorce if there is a legal reason for divorce.
The process of divorce usually goes through the stages of preliminary trial, acceptance, review and registration (certificate issuance).
（1） The party concerned submits certificates and supporting materials;
（2） The marriage registrar checks the corresponding certificates and supporting materials;
（3） The marriage registrar explained to the parties the conditions of the Civil Code for the registration of divorce;
（4） The marriage registrar asks the parties about their willingness to divorce and the content of the divorce agreement;
（5） If both parties are willing to divorce and agree on matters such as child rearing, property and debt handling, both parties shall fill in the Declaration of Application for Divorce Registration,
And sign his name before the commissioner for oaths;
（6） Both husband and wife sign the divorce agreement in person; The marriage registrar acts as commissioner for oaths. One copy of the agreement is for both the husband and the wife, and one copy is filed at the marriage registration office;
（7） The marriage registrar shall review the documents, divorce registration declaration and divorce agreement submitted by the parties, and fill in the Divorce Registration Review and Processing Form and;
（8） Issue divorce certificate. The issuance of divorce certificate shall be carried out according to the following steps when both parties are present:
1. Verify the name, date of birth and divorce intention of both parties;
2. Inform the parties of their legal relationship after receiving the divorce certificate, their relationship with their children and their obligations after divorce;
3. Witness that the party concerned signed in person in the column of "signature or fingerprint of the party concerned" in the Divorce Registration Review and Processing Form; If a party is unable to write his name, his fingerprint shall be used;
4. The marriage certificate of the party concerned shall be stamped with a strip seal, which shall indicate that "if both parties divorce, the certificate will become invalid. ×× Marriage Registry ". The marriage certificate after cancellation shall be returned to the party concerned;
5. Issue the divorce certificate to both parties to the divorce, and announce to both parties that the divorce certificate will be obtained and the husband and wife relationship will be dissolved.
What procedures are needed for divorce registration is strictly carried out in accordance with the Civil Code. If this provision is violated, divorce is invalid.
If a divorce lawsuit is filed, the party concerned shall go to the court to file a divorce lawsuit. The prosecutor shall bring his identity card, marriage certificate, and evidence that his feelings have really broken, and submit a divorce petition to the people's court. The people's court shall file a case within seven days if the conditions for filing a lawsuit are met, and notify the party concerned to send a copy of the petition to the defendant within five days from the date of filing a case, The defendant shall submit his defence within 15 days from the date of receipt. If mediation is appropriate, mediation shall be carried out first. If mediation fails, the court shall try and make a judgment.
Whether or not divorce is irretrievable depends on the specific circumstances and reasons. If the divorce is proposed because of impulse or misunderstanding, there may be room for recovery; But if the divorce is caused by the accumulation of contradictions for a long time, it may be more difficult.
On the issue of divorce, both parties need to be frank with each other, listen carefully to each other's ideas and needs, and find solutions to the problem. If the two sides can understand and support each other and work together to resolve the conflict, there is still the possibility of recovery. However, if the conflict cannot be resolved, or one party has decided to divorce, the other party may not be able to recover the situation with more efforts.
Therefore, in marriage, both parties need to respect, understand and support each other, and strive to communicate and solve problems to avoid unnecessary contradictions and conflicts. If you feel irretrievable, you can consider seeking the help of professionals, such as psychological consultants or marriage and family therapists, to help both parties re-establish trust and respect and find solutions to problems.
