How to write the grounds for divorce on Ningbo's complaint

When a divorce lawsuit is filed, how to write the "facts and reasons" part of the complaint is directly related to whether the case can be established and judged. A common misconception is to compress the grounds for divorce into a single accusation, such as "the other party cheated", "the other party's domestic violence" or "the other party's physical problems make it impossible to live together". This kind of writing is extremely dangerous-if the extramarital affair is verified to exist, the court finds that the basis for emotional breakdown fails. If the other party takes out a health report to overturn the claim, the grounds for prosecution will collapse directly and the case may be rejected. The conclusion is: the factual reasons for the divorce complaint should focus on the five levels of marriage foundation, post-marital feelings, divorce reasons, the current situation of the relationship between husband and wife, and the possibility of reconciliation, and should not bet on a single event. Every claim must be backed by evidence.

Why 1. is "multi-faceted" rather than a single event

the substantive standard for divorce in China is "feelings have indeed broken down" as stipulated in Article 1079 of the the People's Republic of China Civil Code: the people's court shall conduct mediation when hearing divorce cases; if the feelings have indeed broken down and mediation is invalid, divorce shall be granted. The article lists several situations in which emotional breakdown can be determined-bigamy or cohabitation with another person, domestic violence or abuse of family members, gambling and drug abuse, separation for two years due to emotional discord, and other situations that lead to the breakdown of the relationship between husband and wife. At the same time, it is stipulated that after the people's court has ruled that divorce is not allowed, the two parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

It can be seen that "emotional breakdown" is a comprehensive state that requires overall evaluation, rather than an isolated event. In the trial practice, the court examines the "whole process" of the relationship between husband and wife: whether there is an emotional basis for marriage, how the relationship develops after marriage, when the contradiction starts, why it is difficult to reconcile, and whether there is a good possibility of reconciliation at present. If the complaint only says "the other party cheated", once the claim is insufficient or overturned, the judge will lose the other grip to determine the emotional breakdown-even if the judge believes that the marriage is no longer necessary, the complaint does not provide sufficient space for determination, the verdict will be very passive. On the contrary, the facts such as weak marriage foundation (short understanding time, hasty marriage), less gathering and more separation after marriage, long-term lack of communication, many conflicts, separation status quo and so on should be clearly written in layers. Even if one item is refuted, the rest of the facts can still support the determination of "emotional breakdown.

2. Five Elements of Factual Reasons for Complaint

the factual justification part of a sound complaint is usually developed in the following order:

1. the basis of marriage: the time of acquaintance, the length of love, the time and manner of marriage, and the objective presentation of the emotional basis of marriage. Short understanding of the time, flash marriage, pre-marital understanding is not deep, truthfully stated.
2. Emotional evolution after marriage: from the initial stage of marriage, the feelings are fair, to the later stage due to what reasons (personality differences, family conflicts, economic problems, long-term separation, etc.) the feelings gradually deteriorate, write down the context of the changes.
3. Reasons for divorce (focus of contradiction): specify the key facts that lead to the breakdown of the relationship, such as long-term separation, domestic violence, infidelity, bad habits, economic disputes, conflicts between mother-in-law and daughter-in-law, etc. Here, multiple sets of facts can be stated side by side, important facts can be accompanied by evidence, and emotional and insulting language can be avoided, so as not to arouse the judge's disgust or leave a counterclaim to the other party.
4. The current situation of the relationship between husband and wife: whether they are separated, how long they are separated, whether they live together, whether communication is interrupted, etc., using objective facts to present "the relationship between husband and wife is in name only".
5. Whether there is any possibility of reconciliation: combined with the attitude of both parties and the nature of contradiction, it shows that mediation is hopeless and reconciliation is impossible, and requests divorce.

There are three limits to be grasped in writing: first, to state the facts rather than to vent emotions. The indictment is a legal document for the judge to see, not to denounce the denunciation. The second is to write the facts that one can prove. Writing false accusations is tantamount to handing a knife to the other party. Third, it is not necessary to avoid facts that are unfavorable to one's own side but related to the case-such as the two sides have sued many times and withdrawn, and the divorce agreement failed, on the contrary, truthful presentation is conducive to the judge's comprehensive grasp of the case. If the party at fault is legally at fault (bigamy, cohabitation, domestic violence, abuse and abandonment, etc.), after the factual reasons are partially set out, the claim for damages and the division of property in accordance with the principle of taking care of the innocent party may be combined in the claim.

The correspondence between 3. reasons and evidence: everything written must fall to the ground.

Every reason stated in the complaint should be supported by corresponding evidence, otherwise it is difficult to shake the court's determination of the emotional status and the value of marriage. The correspondence between common claims and evidence is as follows:

1. advocate "two years of separation due to emotional discord": Objective evidence of separation for more than two years is required, such as rental contract and rent payment records, residence registration (residence permit), certificates issued by the community or unit, property payment records, chat records between the two parties about separation, etc. Only oral statements or both parties live in different rooms under the same roof, it is difficult to be identified.
2. Advocate "domestic violence": It is necessary to provide alarm records, police receipt, injury photos and medical records, injury identification opinions, warning letters, etc. to form a complete chain of "violence-injury-help.
3. advocate "bigamy or cohabitation": Common residence records, evidence of external activities in the name of husband and wife, chat records, transfer records, etc. shall be provided, and the original carrier of electronic evidence shall be kept.
4. Advocate that "gambling and drug abuse will not change after repeated education" administrative penalty records, community correction materials, certificates of relevant institutions, etc. shall be provided.
5. Advocate "other situations of emotional discord" chat records, phone records, separation facts, and long-term cold war correspondence can all be used as supporting evidence.

In terms of evidence, special attention should be paid to the fixation of electronic evidence: WeChat chat records, transfer records, etc. should keep the original carrier (original mobile phone, account number), not just print copies or screenshots; When necessary, notarization can be handled or the electronic evidence storage function of platforms such as "People's Court Online Service" can be fixed to prevent the other party from deleting or denying it.

Key Points of 4. Procedure: Jurisdiction, Case Filing and Time Cost

before suing for divorce, first check the procedural issues: first, jurisdiction. Divorce proceedings are generally filed with the basic people's court of the defendant's domicile (domicile) or habitual residence (continuous residence for more than one year); if the defendant does not live in the country, his whereabouts are unknown or declared missing, the court of the plaintiff's domicile shall have jurisdiction. Second, the filing materials. Complaint, identity certificate, original and photocopy of marriage certificate, birth certificate of children, list of property clues and preliminary evidence. Third, the cost of time. The trial period for the ordinary procedure of the first instance is generally within six months. If the evidence for the first prosecution is insufficient and the divorce is not allowed, the plaintiff must wait six months after the judgment comes into effect (except for new circumstances and new reasons) before he can sue again-this is also the deep reason why the grounds for the complaint must be written down at one time.

5. the possible outcome of the first prosecution and follow-up response

the way the complaint is written directly determines the direction of the first lawsuit, and the outcome of the first lawsuit determines the follow-up path. In practice, the first divorce prosecution usually has three results, which need to be clearly thought out in advance:

first, mediation and good or withdrawal. After mediation, the court found that there was a possibility of reconciliation, and the two parties reconciled or the plaintiff withdrew the lawsuit. If you do want a divorce, withdrawal means that you can't sue for the same reason for six months (except for new circumstances and new reasons), and the record of "sue-withdraw" may affect the judge's judgment on the degree of emotional breakdown. Be sure to think clearly before withdrawing the lawsuit.

Second, mediation divorce or divorce judgment. The reasons for the complaint are sufficient and the evidence is in place. The two parties reached an agreement on the upbringing of children and the division of property during the mediation, or the court found that the relationship had indeed broken down and decided to divorce. This is the most desirable outcome, and the multi-element writing of the indictment provides room for this.

Third, the decision forbids divorce. The court held that the evidence was insufficient or that the feelings had not been broken. At this time, the plaintiff must wait six months after the judgment takes effect (except for new circumstances and new reasons) before suing again; in the second prosecution, the first judgment itself is "the relationship between husband and wife has not improved, the relationship has not been repaired" proof, combined with the new separation, conflict evidence, the probability of divorce is significantly increased. The fifth paragraph of Article 1079 of the Civil Code also stipulates that after the people's court has ruled that divorce is not allowed, the two parties have been separated for another year, and if one party files a divorce lawsuit again, divorce shall be granted-this is the second time. Strong legal support for prosecution.

It can be seen that the complaint not only serves the first lawsuit, but also serves the whole divorce process: in the first lawsuit, the facts such as weak marriage foundation, long-term separation and intensified contradictions were clearly written and proved. Even if the divorce was not judged for the first time, these facts and the judgment together constitute the "emotional breakdown process file" of the second lawsuit ". Writing a complaint is essentially laying the track of evidence and facts for possible multiple lawsuits, and it must be written solidly at one time.

Form of 6. Complaint and Writing of Lawsuit Request

in addition to factual reasons, the format of the indictment and the request for litigation also affect the efficiency of filing and hearing. In terms of format, the complaint should state: the name, gender, date of birth, nationality, address and contact information of the plaintiff and the defendant (if the defendant's information is incomplete, he can apply to the court for assistance in inquiring about household registration information when filing the case); the request of the lawsuit; facts and reasons; the list of evidence; the signature and date of the respondent. The number of copies submitted shall be prepared according to "number of defendants +1", and the original ID card and marriage certificate shall be brought for verification.

The writing of the lawsuit request is especially "clear, divisible and enforceable": request for divorce; Request to order the children to be directly raised by the plaintiff and the defendant to pay maintenance fee of x yuan per month until the children reach the age of 18 (the amount of maintenance fee shall be submitted according to the income of the other party and the needs of the children, and the calculation basis shall be stated); Request to divide the common property of husband and wife-itemized property, vehicle, write "request to divide a set of real estate located on x x road (worth about x x yuan)" instead of "divide the joint property of husband and wife according to law" in general; If compensation for fault is involved, it is stated that "request to order the defendant to pay damages of x yuan". The more specific the request, the more hands the court has in its proceedings and the less controversial the enforcement phase.

The property declaration link is worth a separate reminder: some courts in Ningbo (such as Yinzhou Court) have implemented a property declaration system for divorce proceedings, requiring both parties to truthfully declare their real estate, deposits, vehicles, equity, etc. If the declaration is not true and the property is concealed, the subsequent verification will face the consequences of less or no division, and may also bear the negative evaluation of good faith. When prosecuting, the property list is complete and detailed, which is not only responsible to the judge, but also to oneself-the scope of court investigation is usually based on the declaration and application of the parties.

7. FAQ

the judge did not recognize whether the indictment would be too general to write "incompatible with character".

"Discord of personality" itself is too abstract and should be reduced to concrete facts: the content of quarrels caused by personality differences, the way of cold war, the length of communication interruption, the fact of separation, etc. The combination of "personality disagreement + specific contradictory facts + relationship status quo" is presented, which is both general and easy for judges to grasp.

How risky is it to write only one reason for the other to cheat?

It's a big risk. If the evidence of derailment is insufficient or overturned, the grounds for prosecution will lose support, and the first prosecution is likely to be sentenced not to divorce, and it will take another six months. The prudent approach is to take derailment as one of the key situations, and at the same time state other facts such as marriage foundation, separation, emotional deterioration, etc., to form multi-factor support.

Can the complaint include the other party's abusive words and privacy details?

Not recommended. The indictment is a highly open document that needs to be read by the judge and may be cited by the other party's defense. Emotional, insulting, and excessive privacy content does not help prove the breakdown of the relationship, but may also affect the judge's rationality of the statement. Judgment. Objective, restrained, evidence-backed statements are most powerful.