Is it a phone call or a text message to inform the other party to file a divorce?

In practice, defendants are usually required to go to court to obtain subpoenas and complaints by telephone. Sometimes delivered directly by mail or by a judge. Relevant laws and regulations:

Article 85 of the Civil Procedure Law of People's Republic of China (PRC) stipulates direct service to the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.

Article 88 If it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf or by post. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.

Litigation divorce is one of the ways of divorce. Many parties are not very clear about the procedure of filing a lawsuit for divorce and do not know how to really file a case. In fact, whether the plaintiff or the defendant, the litigation divorce court will notify the parties after filing the case. Litigation divorce requires the parties to file with the court with jurisdiction.

According to the law, after accepting a divorce case, the court will conduct a review. If it meets the conditions for prosecution, it shall file a case within seven days and notify the parties concerned. The court will issue a notice of filing a case to the parties, and inform them of the relevant litigation rights and obligations in the notice of filing a case, or verbally inform them that this is a case filed in the court as a plaintiff;

If it is a defendant, the law stipulates that the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. At the same time, the court will also serve the defendant with a notice of responding to the lawsuit, in which the parties will be informed of the relevant litigation rights and obligations orally.

legal ground

code of civil law

Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt on the receipt and sign or seal it.

The date of receipt by the addressee on the service receipt shall be the date of service.

Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.