How to file a divorce lawsuit is good for you.

How to file a divorce lawsuit is good for you.

How to file a divorce lawsuit is good for you. In real life, more and more couples want to divorce, and the breakup of marital relationship is one of the preconditions for the court to decide divorce. Here's how to file a divorce lawsuit, which is good for you.

How to fight a divorce lawsuit is good for you 1 1? When you decide to go to court, write a concise and qualified complaint.

You should write a written complaint before filing a lawsuit. When writing, the plaintiff should pay attention to clear demands, conform to the law, and be operable. When writing an indictment for divorce, the basic information of the original and the defendant should be stated first, so that the court can contact the parties.

Then write the facts and reasons simply and clearly, and don't let the judge see them in a fog, so as not to be counterproductive. Finally, clarify the contents of child support and property division, and pay attention to being as specific and clear as possible here to improve operability. If you are really not sure about writing it well, I suggest asking a lawyer to write it.

2. Be prepared before going to court.

Preparation is very important, and sufficient litigation evidence should be prepared.

For the vast majority of the parties, because of the first lawsuit, there is no awareness of collecting and sorting out evidence. However, when the court hears a case, the litigation center focuses on "evidence". Without evidence, it is often "reasonable but can't win the lawsuit." Therefore, it is often "haste makes waste" to collect relevant evidence around your own litigation request and blindly prosecute.

Usually, after one party files a lawsuit, the other party will act on the news and transfer the family property. So before the prosecution, don't startle, first quietly collect and sort out the relevant evidence of husband and wife's property. When necessary, you can even ask the court to take litigation preservation measures before litigation.

Don't be nervous when you receive the court summons. You should collect evidence to the contrary against the other party's request and prepare your defense.

Many parties are often very nervous when they receive a court summons. Especially after seeing the plaintiff's complaint of "distorting the facts", I was nervous and angry, worried that the court would listen to the plaintiff. In fact, this is unnecessary. The general court will listen to the plaintiff's claims and opinions carefully only when it is in court, and will only take a look at the contents of the plaintiff's complaint and will not believe it. However, the defendant should collect relevant counter-evidence according to the contents of the plaintiff's complaint and the evidence provided.

Many defendants believe that "as long as I insist on opposing divorce in the first divorce proceedings, the court will not divorce." Actually, this view is one-sided. On the premise that the plaintiff has submitted a large number of proofs to the court that the relationship between husband and wife has indeed broken down, it is hard to say whether the court will decide whether to divorce if the defendant only makes oral excuses. Litigation is a very serious matter, and neither party can act according to experience or treat it lightly.

In the defense, don't "scratch your eyebrows and beard", but want to explain everything. I can't wait to write a "million-word book" to the court. In fact, this is completely unnecessary. The defense should be "grasping the big and letting go of the small", grasping the key points and responding in a targeted manner, so as to be clear and leave a deep impression on the judge.

4. During the trial, prepare the litigation materials, don't be nervous, and calmly deal with the trial.

Litigation materials, such as identity cards, complaints and original evidence, must be brought together. The court will generally ask the parties to make a statement, and it is best to write it on the premise and say it while watching it. Due to the different angles of the original and the defendant, the prepared statement materials are also different.

As a plaintiff, when making a statement, we should try our best to state clearly the manifestations and facts of the breakdown of husband and wife's feelings, and attach relevant examples. As defendants, we should try our best to focus on the fact that the relationship between husband and wife is not bad enough to break up and be reasonable. Don't emphasize that the other party's statement on a certain point is not in line with the facts, but grasp the general direction, and don't be led by the other party and fall into the passivity of litigation.

In the debate stage, when listening to the other party's statement, you must concentrate on it and don't be carried away by what the other party doesn't like. Take notes where the other person said something wrong, and then continue listening. When refuting, you should systematically refute around your own ideas. When many parties reply, they often make corrections one by one according to the mistakes made by the other party as the outline of the debate. In fact, this is not appropriate. They should have their own ideas and don't follow the path arranged by the other party, so as not to fall into the trap of the other party.

5. After the verdict is pronounced, read the court judgment carefully and decide whether to accept the judgment or appeal.

After the verdict, the parties often look back and look at the verdict first, either happy or sad. However, for the content of the judgment and the basis of the court's judgment, few parties often seriously study and scrutinize it.

In practice, it is difficult to find a completely flawless judgment, but it is not because of flaws that the reason for appeal is found. It depends on whether the facts on which the key judgment of the court is based are true and objective. Under normal circumstances, once the first-instance judgment in divorce cases takes effect, it is only a small problem with unclear facts and wrong application of law. Even on appeal, the court of second instance is less likely to change the sentence.

To sum up, if both parties want to fight a divorce lawsuit, if one party wants to win the lawsuit, it is best to find a lawyer who is good at fighting a divorce lawsuit to help fight this lawsuit, because professional matters are best left to professionals, who also know these related divorce regulations better.

How to fight a divorce lawsuit is good for you? 2 1. Provide the court with marriage certificate, identity card, basic information before marriage, evidence of feelings after marriage and reasons for divorce, because these evidences are important for the court to examine whether the relationship between husband and wife really broke down.

2. Provide evidence of family property status, and provide evidence in time for your own litigation claims to prevent the legitimate rights and interests from being guaranteed.

3. Provide proof of identity of children.

4. Provide other evidential materials related to this case.

In divorce proceedings, we must claim our rights in time, show evidence and stick to our claims.

6. Refute the evidence submitted by the opposing party in time, and effectively safeguard their civil rights and interests by legal means.

7. Provide the court with evidence such as marriage certificate, ID card, basic marital status before marriage, feelings after marriage, reasons for divorce, etc. Because all these evidences play an important role in the court's examination of whether the relationship between husband and wife really broke down.

8. Provide evidence of family property status, and provide evidence in time for your own litigation claims to prevent the legitimate rights and interests from being guaranteed.

9. Provide proof of identity of children.

10. Provide other evidential materials related to this case.

1 1. In divorce proceedings, you must claim your rights in time, show evidence and stick to your claim.

12. Refute the evidence submitted by the other party that is considered to have objections in time, and effectively safeguard their civil rights and interests by legal means.

How to fight a divorce lawsuit is good for you? 3. How to fight the divorce lawsuit in favor of the woman?

If the husband is at fault during the divorce, the woman is in a favorable position in the distribution of creditor's rights and debts.

According to the provisions of the Civil Code and relevant judicial interpretations, "husband and wife should be faithful to each other and respect each other" and "the people's court should take care of the innocent party when trying divorce cases."

It should be reminded that the so-called "taking care of the innocent party" usually takes proper care of the innocent party by dividing the property during divorce.

The distribution of property may be slightly tilted in quantity, or the convenience of the innocent party's life and work is considered more in the classification of property categories.

For example, after marriage, husband and wife have joint property. If both parties insist on sharing the house and agree to give the other party an appropriate discount, then the judge may consider awarding the house to the innocent party.

The innocent party gives the innocent party appropriate preferential treatment, which is also a kind of care for the innocent party.

According to article 1079 of China's Civil Code, there are several cases of divorce fault:

1, bigamy, must satisfy the fault party to marry a third party, that is, there is marital status.

2. A spouse lives with others, and a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife.

3. Domestic violence, according to the Supreme People's Court's judicial interpretation, refers to: the behavior of the perpetrator to beat, bind, mutilate, forcibly restrict personal freedom or other means, causing certain harm to the body and spirit of his family members; Persistent and frequent domestic violence constitutes abuse.

4. Abuse and abandonment of family members. It must be a long-term abuse and abandonment of family members, such as illness without treatment, food, care and so on

Second, is the divorce lawsuit easy to fight?

Whether a divorce lawsuit is good or not depends mainly on the demands of the parties and whether the evidence is sufficient.

The divorce proceedings are as follows:

1, write the indictment required by the lawsuit;

First of all, we should write a good indictment, which should be handled properly and have reasonable facts, reasons and legal basis. These are all important factors that determine the success or failure of litigation.

Therefore, the design should be well conceived when writing a complaint, otherwise it will not only affect the result of playing high technology, but also sometimes cause the loss of lawyer's fees.

2. file a case;

After writing the complaint, it needs to be submitted to the court for the record. When filing a case, you must first choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.

3. hearing;

The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.

4. judge;

If a party refuses to accept the judgment after the hearing, he must appeal within 15 days, that is, during the second trial. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.

5. executive power;

After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for compulsory execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.

Divorce case is one of the most common cases in China. In our daily marriage life, we should pay great attention to the provisions of divorce procedures, divorce proceedings, divorce by agreement and other laws and regulations.