Divorce litigation process and related matters needing attention

　　One, the plaintiff

　　1, the plaintiff files a complaint

The prosecution shall be submitted to the court complaint, the complaint include a copy of the original, one copy. The complaint shall specify the following matters:

(1) the name, gender, age, nationality, occupation, work unit and residence.
(2) the claim and the facts and reasons.
(3) the evidence and its source, the name and address of the witness. The evidence includes: a marriage certificate or certificate of spouse relationship with the defendant's legal relationship between husband and wife. The matrimonial property list, such as real estate, stock, bonds, etc.. Other evidence to support his claim.

Special remind: according to the provisions of the Civil Procedure Law of our country, the civil prosecution of the case must meet four conditions. A divorce case also belongs to the civil case, the prosecution must also comply with the civil procedure law and has its own characteristics:
The plaintiff must have a direct interest in the case of individual;
There are definite defendant;
The specific claim and the facts, reasons;
It belongs to the people's court jurisdiction v..

　　2, on the court for review and filing

Accept the plaintiff submitted documents, the people's court material, will be reviewed in 7 days. The prosecution in accordance with the law, request, the court decides to accept and register, and return the documents and materials, and that the reasons for rejection.

Two, the defendant

The court decision within 5 days will be a copy of the bill of prosecution plaintiffs to serve the defendant from the day of filing the case, and notify the defendant make a written reply.

　　1, defense deadline

The defendant should be in within 15 days by the court indictment copy of the written defense to the receipt. The defendant raises no reply within 15 days, the court hearing the case and make a decision as usual.
If the defendant is due to non personal wills in 15 days can not make a reply, can according to request, the request to the people's court, the court may make the decision to delay.

　　2, reply

(1) the written reply
The written reply, is put forward to rejoin with the reply, the reply notice period within the written pleadings and submitted to the court.

(2) oral defense
Oral defense refers to the oral defense in the trial.

　　Should pay attention to 3 questions, reply

The defendant received a copy of the indictment to the plaintiff, should according to the analysis of the indictment claims, facts and reasons, to the true facts should be recognized, the reasonable and acceptable requirements should be accepted; the unfounded and unreasonable demands, do not ignore, but be ready to facts and fully evidence, put forward their own rebuttal.

Three, the exchange of evidence

The evidence exchange, also known as evidence, refers to the parties to the other party to produce their own will to the court evidence, the court will copy retained evidence exchange of evidence discovery. The reason why the parties understand each other will have to submit to the court evidence and content, is to let the parties understand each other will provide evidence and the content of court mediation, court investigation, in order to debate, let the parties to present evidence on the other side of the evidence ability, evidence for the effectiveness of the opinions and views. The quality certificate, play the method the effect. At the same time, evidence of the pretrial exchange also makes both parties have an expected possibility to win, the parties are estimated in the cost and benefit of lawsuit, also can make a part of the early withdrawal, the case does not enter court hearing procedure. In addition, the exchange of evidence is the focus of the pretrial procedure, can help the parties before trial will all the evidence presented, finishing the case point of contention, fixed point of contention and evidence, in order to protect the hearing procedure smoothly.

　　Starting 1, evidence exchange

The Supreme People's court "several regulations about the civil action evidence" the thirty-seventh stipulation: "upon the application of the parties concerned, the people's court may organize exchange evidence before a court session. The people's court for the evidence more difficult or complex cases, shall organize the parties concerned to exchange evidence after expiration of the defense period, before the hearing." evidence more difficult or complex cases, mainly refers to the property in the divorce cases involving more, stock, futures, intellectual property. This rule can be seen, there are two methods for starting the exchange of evidence: one is the application of the parties concerned, whether simple or complex case case, as long as the parties apply for the exchange of evidence, the court may organize the parties concerned to exchange evidence; the other one is appointed by the court, for the evidence is more difficult or complex cases, the court initiative parties concerned to exchange evidence.

　　2, the evidence exchange time

The evidence exchange to achieve the set is mainly for the purpose of the parties on the facts, to complete the discovery of evidence behavior should be implemented in a reasonable period. Our evidence exchange the time limits for the trial. However, according to the new evidence, China has also designed again of the evidence exchange system, that is a party retort upon receipt of new evidence, the court after the other side, will specify the time to exchange evidence. If, after the trial found new evidence, court can organize the parties concerned to exchange evidence.

　　3, the evidence exchange way

The evidence exchange way, namely party what legal means to exchange evidence. In this regard, China's law does not provide the evidence exchange way, judicial practice is mainly the parties according to the number of the other party to submit a copy of identification and asked for evidence, identification, to the inquiry etc..

　　4, the evidence exchange program

The evidence exchange is carried on under the auspices of the judges, clerks and other personnel have not hosted the evidence exchange. In the course of the exchange of evidence, evidence of facts, judicial officers have no objections to the parties will be recorded in the rolls; on a disputed evidence, classification according to the facts to prove the record in the volume, and record the objection reason. Needs to be pointed out is, record once fixed, any party shall not without due legal procedure on the other point of view by modified reasonable evidence. The party received the other exchange evidence to refute and put forward the new evidence, the people's court shall notify the parties exchanged at the appointed time.

　　The number of 5, the exchange of evidence

In the exchange of evidence in the process, the party received the other exchange evidence refute the evidence, the court will allow the other party to refute it according to refute again for litigation proof, the protection of equal rights of the parties, the court will once again organize the exchange of evidence.
The evidence exchange is generally not more than two times, but the major difficult or the case is particularly complex cases, not subject to the two limit on the number of times.

Four, before the court mediation

The court accepts the divorce case, first of all the parties should mediation, the parties to eliminate differences, mutual understanding, which reached a divorce or reconciliation agreement. A good agreement, the people's court shall deal records stored volume, generally do not send mediation; reached a divorce agreement, the people's court shall make a mediation agreement, signed by the judicial officers and the court clerk, and sealed by the people's court. Mediation has the same legal effect and the verdict.

Special remind:

After 1, signed the mediation agreement, before, received the court making mediation can renege, request the court judgement.
2, after the formal mediation can not go back, if you have any suggestions can appeal to mediation.

Five, the trial

The court mediation is not successful, for trial. Court cases would be open, but the parties do not apply for an open trial, can not be heard in public. 3 days before the hearing the court will notify the parties and other participants in the proceedings. An open trial, the names of the parties, the cause of action and the board hearing time and place.

The court hearing the case, the party shall appear in court, or entrust an agent ad litem in court. According to the provisions of the civil procedure law, the defendant by the people's court summons, refuses to appear in court without justified reasons, the court or midway without permission by the court, may make a judgment by default. The plaintiff by the people's court summons, refuses to appear in court without proper reason, or midway without permission by the court may, according to the withdrawal treatment; a defendant, may make a judgment by default. The statutory agent and the third party, the court summons, refuses to appear in court without justified reasons, the same may make a judgment by default.

Default judgment has the same legal effect. So here to remind a divorce case parties must take a positive attitude to participate in court, or it may bear the adverse legal consequences.

The court procedures include the following:

　　1, the court investigation

The court investigation refers to the court on the facts of the case to conduct a comprehensive investigation. The court investigation should be carried out according to the following order:

(1) the statements of the parties. The order of plaintiff and defendant,, third people and his agent ad litem. Several people in the same terms, can be carried out statements, may also be elected by their agents. As the parties and their agents in a presentation, should also be closely around his claims, the facts of the case and prove that the reason to make statements, do not give oneself over to blind emotions, wantonly attack on the main, or far off the mark, boundless. After all the statements of the parties, claims and reasons of the presiding judge or sole judge will report separately according to the parties conclude the controversial focus of the case, and to solicit the views of the parties. The parties must listen to the controversial focus of the presiding judge, if there are omissions, to judge it, and requests the listed as the focus of controversy, because if the exercise of this right of objection ignores the stage, will result in some cases to the parties a crucial fact not court investigation and debate, also not protected by law.

(2) the witness to testify in court. In general, the witness should appear in court as a witness. If the witness has difficulty in appearing at the court, submit a written testimony, the court read. The presiding judge or sole judge permission, party and his agent ad litem may ask to witness, it shall answer.

(3) the parties burden of proof and evidence. According to the "who advocates, who proof" rules, the parties have the responsibility to provide proof of their allegations made. Including the parties can provide evidence, documentary evidence, material evidence and audio-visual materials. The burden of proof and evidence are in the following order: the plaintiff exhibits the evidence, testimony of defendant and plaintiff evidence three people to produce; the defendant exhibits the evidence, the plaintiff and the three people on the quality of evidence which can produce; third people to produce evidence, the original, the defendant present on third evidence for cross examination. The burden of proof and evidence is the basis of the certification, is the core of court investigation stage, is the key to the victory or defeat.

(4) the identification conclusion. The general is the identification of the book read first, and then by an expert to identify the conclusion made verbal description. Read out the authentication conclusion, the judges may ask the opinions of the party; the party may also ask the permission of the court, the appraiser, also can put forward the re identification requirements, whether or not to permit, be decided by the people's court. The judicial personnel to have the suspicion to the appraisal conclusion, or when the same need to identify problems, different expert appraisal draw conclusions different, can inform the personnel identification to identification or other relevant departments shall be assigned to other personnel please identification.

(5) read the transcripts of inspection. In divorce cases such evidence rarely, there will no longer be introduced.

(6) the court show according to the investigation of the functions of other evidence. According to the "Civil Procedure Law" provisions and the Supreme Court "suitable" Civil Procedure Law > the views of a number of issues "the relevant provisions, the judge shall show to the party the court to investigate and collect evidence, the parties shall have the right to all the evidence.

(7) the judicial personnel certification. Court trial to request the parties to court a certificate, quality certificate, court of the court can authenticate the evidence to confirm. When the testimony to the evidence is reliable and sufficient, objective truth can reflect the case, which can carry out authentication.

　　2, the court debate

The main task of the court debate stage puts forward his own opinions organize parties to the court investigation facts, evidence, stating their opinions, and facilitate the court to ascertain the facts, to distinguish between right and wrong. Listed in order of court debate is: first by the plaintiff and his agent ad litem speech, again by the defendant and his agent ad litem reply, then third people and his agent ad litem or defense speech, then both sides debate with each other, to alternately. In general, the debate between the parties shall be not less than three. During the debate, the following points should be noted:

(1) the debate should be simple, clear language and logic, there shall be no insult, on the other side, offensive language.
(2) the debate should be closely around the focus of controversy of the case, not to become entangled in insignificance and ignore the theme.
(3) the next statement is best not to repeat on the ideas and contents of round to speak.
(4) if you want to interrupt each other's excuse for their debate, shall be subject to approval by the presiding judge or sole judge.

Special remind: after the case is accepted, before the end of the court debate, can increase the litigation request, the defendant may countersued, third people can be raised in connection with the case litigation request, these claims are associated with the original lawsuit, the court may adjudicate.

　　3, the court mediation

After the end of the court debate, before the court ruling, to be able to mediate divorce case, the court will try to mediate. If the mediation fails, the court will make a judgment.

　　4, a judgment is pronounced

Upon pronouncement of a judgment in two ways, one is the court trial, another is the regular sentence. In court, the court may send the verdict in 10; a fixed date, the written judgment shall be issued immediately after the verdict. No matter what kind of form of judgment, the judgment is pronounced, the court will inform the parties right to appeal, the appeal period as well as the court of appeal.

Needs to be pointed out is, the court has judgments, rulings, mediation, the parties shall sign. If you do not sign, the court will take lien service, does not affect the judgment, ruling and the legal effect of the mediation.

The ruling is not negative, appeal. Divorce proceedings end, if not satisfied with the court within 15 days of receipt, can be in judgment day (10 days) to appeal to the intermediate people's Court of appeal, not overdue, the judgment (mediation) is valid.