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How to hold and judge a divorce online
1. During the epidemic, in order to hear cases in a timely manner, the court will use online video convening. Before the trial, the court will send a mobile phone connection text message and password. After entering according to the prompts, you can see the court judge and the participants in the proceedings. You can participate in the proceedings according to the judge's instructions.
2. The process of filing a divorce court hearing is as follows:
1. Trial preparation.
2. Court investigation:
(1) Statement of the parties.
(2) Present evidence and cross-examine.
3. Court debate.
4. Case review and pronouncement of judgment:
(1) Collegiate panel review.
(2) Declare the verdict.
3. The contents of the pronouncement of the judgment include: the facts found, the applicable law, the results and reasons of the judgment, the burden of litigation costs, the parties’ right to appeal, the time limit for appeal, and the court of appeal.
Divorce procedures are divided into two types, as follows:
(1) Divorce by agreement procedure:
Divorce by agreement means registering divorce. At this time, the couple needs to arrive The marriage registration agency files an application for divorce and then goes through the divorce procedures. After obtaining the divorce certificate, the relationship between husband and wife can be dissolved. The specific procedures include application, review and registration.
1. When filing for divorce, be sure to note that you can only go to the marriage registration agency where one party has his or her registered permanent residence. If you apply for it in another place or at a non-marriage registration agency, it will generally not be accepted. . At the same time, the parties involved are also required to submit their respective identity materials as required, including marriage certificates, ID cards, household registers, divorce agreements, etc.
2. The staff of the marriage registration office will review the materials submitted by the parties to determine whether the parties meet the conditions for divorce by agreement. If they do not meet the conditions for divorce, the subsequent treatment will be different. Obviously, Couples will not be allowed to divorce.
3. Registration. After reaching the agreed divorce standards, divorce registration will be carried out. At this time, the marriage certificates of both parties will be withdrawn and a divorce certificate will be issued. The divorce agreement submitted will also be filed and archived, and generally the agreement will not become legally effective until then. Obtaining a divorce certificate means that the couple has officially dissolved their marriage from this moment on.
(2) Litigation divorce procedure:
Litigation divorce procedure is more complicated than agreement divorce procedure, so in many cases couples divorce if they can agree to divorce. , in fact, few people will choose to divorce through this method.
Divorce litigation also has to go through three stages, including the prosecution stage, the defense stage and the trial stage.
1. Prosecution stage: Generally, the plaintiff is required to file a divorce lawsuit in the basic people's court where the defendant is domiciled. Under special circumstances, the plaintiff can also file a divorce lawsuit in the basic people's court where the plaintiff is domiciled. If the case filing requirements of the Civil Procedure Law are met, the case will naturally be accepted in accordance with the law. After that, the case is scheduled according to the court's case schedule, and the plaintiff's divorce complaint, court hearing notice and other materials are served to the defendant.
2. Defense stage: After receiving the notice of hearing from the court, the defendant can choose whether to defend according to his own situation, that is, whether to write a defense. This is not a mandatory requirement, so he can write it or not. There will be no impact on the handling of the case.
3. Court hearing stage: During the trial of a divorce case, the law stipulates that mediation must be conducted first, which means that this is a necessary procedure. Only when mediation is ineffective will a judgment be made in accordance with the law. During the litigation process, both the plaintiff and the defendant need to actually provide their own evidence on the focus of the dispute. When a judge handles a divorce case, the final judgment is often based on the evidence provided by the parties, but this evidence also needs to be cross-examined during the trial.
Legal basis:
"Civil Procedure Law"
Article 137: The People's Court shall hear civil cases except those involving state secrets, personal privacy or Unless otherwise provided by law, it shall be conducted in public.
Divorce cases and cases involving trade secrets can be heard in secret if the parties apply.
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