Special provisions of the Civil Procedure Law on divorce cases

Sixty-second cases of divorce has a litigation representative, except those incapable of expressing themselves, still should be in court; it can not appear in court because of special circumstances, should submit written opinions to the people's court.

Article ninetieth the following cases mediation agreement, the people's court may not make a mediation book:
(a) and mediation of divorce cases;

The 111st people's court must be accepted in accordance with the law 108th charges, respectively; the prosecution, shall be handled

(seven) the judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no new case, new reasons, a plaintiff in a suit again within six months, will not be accepted.

Article 137th in any of the following circumstances, the end of the proceedings:

(three) the parties in a divorce case dies;

The Institute on certain issues in the application of "Civil Procedure Law" views

Special provisions on divorce cases

11, non military on military divorce litigation, if the military is a non civilian one soldier, come under the jurisdiction of the people's court.
Divorce proceedings the parties are soldiers, under the jurisdiction of the people's court by the defendant has his domicile or where the defendant or regiment level station.
12, one of the spouses and left home for more than a year, the other party to sue for divorce cases, come under the jurisdiction of the people's court. The couple left the house for more than a year, the case of a party to sue for divorce, under the jurisdiction of the people's court by the habitual residence; no habitual residence, under the jurisdiction of the people's court by the prosecution of residence.
13, in the domestic overseas Chinese married and settled in a foreign country, such as to settle in the country court in divorce proceedings shall be determined by the marriage to the jurisdiction of the court is inadmissible, the parties to a people's court to start divorce proceedings, the jurisdiction agreement or a party in the last living in the people's court by marriage.
14, overseas Chinese abroad got married and settled in foreign countries, such as the court in divorce proceedings shall be settled in the country by nationality jurisdiction is inadmissible, the parties to the people's court to start divorce proceedings, shall be under the jurisdiction of a party's original domicile or residence in China at the end of a people's court.
15, Party China citizens living abroad, one living in the country, no matter which initiate divorce proceedings with a people's court, the people's court shall have a domicile of domestic jurisdiction. If the foreign party in the country of residence of the court, the people's court, the people's court has jurisdiction over the lawsuit.

92, the people's court shall carry out mediation, on a voluntary and lawful basis. One party or both parties insist refused to mediation, the people's court shall.
The people's court hears a case of divorce, shall conduct mediation, but should not long tune never.

93, the people's court mediation, the parties can not appear in court, upon special authorization, by the entrust an agent to participate in the mediation, a mediation agreement, by the proxy signature.
A divorce case where special circumstances can not appear in court for mediation, except I can not express the will, shall issue written opinions.
94, a person without capacity for civil conduct of divorce cases, its legal proceedings. The legal agent reached an agreement with each other to judgment, according to the contents of the agreement making judgments.

144, the parties to withdraw or the people's court according to withdraw after the treatment, the parties to a lawsuit again prosecution, the people's court shall accept the case.
The plaintiff or withdraw withdrawal treatment of divorce cases, no new case, new reasons, six months to prosecute, in accordance with the civil procedure law, article 111st (seven) the provisions of item will not be accepted.

150, decisions are not allowed to divorce, the divorce cases mediation and judgment, adoption cases settled through mediation by the defendant to the people's court, not by the civil procedure law, article 111st (seven) prescribed conditions.

151, one of the spouses One's whereabouts is a mystery., the other party to the people's court for divorce, only, not for a declaration of One's whereabouts is a mystery. people dead or missing in the case, the people's court shall accept the One's whereabouts is a mystery., by notice served a litigation document.

152, alimony, maintenance, upbringing cases, the referee takes legal effect, because new situations, new reasons, a party to sue for increase or reduction of expenses, the people's court shall as a new case acceptance

157, a person without capacity for civil conduct of divorce proceedings, the legal agent shall appear in court; a statutory agent does not appear in court, the people's court shall, on the basis of ascertain the facts, a decision according to law.

185, a judgment not divorce case, on appeal, the people's Court of second instance shall think divorce, can the parties on a voluntary basis, and child support, property together with the mediation, the mediation fails, the remand.

209, the parties on the division of property in divorce cases for retrial, such as relates to segmentation in the judgment of the people's court shall review the property, in accordance with the provisions of the civil procedure law 179th, meet the requirements for retrial, should be filed; as for treatment of the joint property of husband and wife is not the judgment, shall inform the parties be prosecuted.