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Can I sue for divorce online?
There are seven procedures for suing for divorce, specifically:
1, drafting a complaint;
2. Prepare the evidence needed for litigation;
3. Submit the complaint and evidence to the court with jurisdiction;
4. The court decides whether to accept the lawsuit;
5. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;
6. The court arranges the court session time and sends subpoenas to both parties;
7. Court session. Both parties may entrust lawyers or other professionals to represent them in litigation. Under normal circumstances, a divorced party must appear in court. If it is really impossible to appear in court for special reasons, a written opinion on whether to divorce must be issued to the court.
8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC).
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
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