What basic materials should be prepared for divorce prosecution in Ningbo

The materials to be submitted for divorce proceedings are roughly divided into four parts: basic materials to prove the existence of the subject of the proceedings and the marital relationship, evidence to prove that the relationship has indeed broken down, property evidence to prove the common property and debt status of the husband and wife, and materials on the identity of the children involved in the upbringing of the children. Whether the materials are complete or not directly determines whether the case can be successfully filed at one time.

What needs to be reminded is that the basic evidence submitted at the filing stage is not all the evidence. The Civil Procedure Law allows for additional submissions within the period of proof, so there is no need to delay prosecution because a piece of evidence is temporarily unavailable, especially when it involves the risk of malicious transfer of property by the other party, and it is often more important to file a case in time than to wait for the materials to be complete.

1. legal basis

article 123 of the Civil Procedure Law stipulates that a complaint shall be submitted to the people's court and copies shall be submitted according to the number of defendants; if it is really difficult to write the complaint, the complaint may be filed orally, and the people's court shall record it and inform the other party. Article 124, on the other hand, specifies the matters to be noted in the indictment.

The complaint shall record the name, gender, age, nationality, occupation, work unit, residence and other basic information of the plaintiff and the defendant, the facts and reasons on which the litigation request is based, as well as the evidence and the source of evidence, the name and residence of the witness. In terms of entities, article 1079 of the Civil Code is the legal standard for divorce, and article 1087 is the principle of division of common property.

2. core points

1. Basic materials: proof of identity and marital relationship

the plaintiff needs to provide the original and photocopy of his ID card; the identity information of the defendant can be confirmed by the household registration certificate issued by the public security organ, the copy of the defendant's ID card or the ID card number. In practice, as long as there is enough information to determine the identity of the defendant, the case can be filed, and there is no need to force the original ID card of the other party.

The marriage certificate shall prevail. If the marriage certificate is lost or detained by the other party, the marriage registration record certificate can be obtained from the original marriage registration authority or the archives where the marriage registration files are kept. The validity of the certificate is equivalent to the marriage certificate. This is most often mistaken by the parties that it cannot be resolved.

2. Physical material: emotional breakdown and property evidence.

Evidence of emotional breakdown should be organized around the circumstances listed in Article 1079 of the Civil Code, including the alarm records and injury materials of domestic violence, evidence of separation due to emotional discord, evidence of bigamy or cohabitation with others, and evidence of gambling and drug abuse. Evidence of separation is usually formed by a combination of proof of residence, lease contract, community certificate, etc.

Property evidence should be made into a list: real estate provides real estate ownership certificate or registration inquiry record, vehicle provides registration certificate, bank deposit provides account number and running water, equity provides industrial and commercial registration information, debt provides IOU and transfer record. The list itself is also an annex to the indictment, so that the court can grasp the scope of the dispute at one time.

3. boundary conditions

there are several types of special circumstances that require additional preparation: if the defendant's whereabouts are unknown, the defendant's household registration certificate must be provided, and the court may announce the service; In the case of foreign-related marriages, the identity certificate and marriage certificate formed abroad usually need to go through notarization and certification procedures. Involving active military personnel, except that the military party has a major fault, it is necessary to obtain the consent of the military party and provide a certificate from the military political organ.

In terms of jurisdiction, it is generally under the jurisdiction of the people's court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, the court of his habitual residence shall have jurisdiction. Regular residence usually refers to the place where citizens have lived continuously for more than one year from the place of residence to the time of prosecution, and need to provide supporting evidence such as residence permit, community certificate or lease contract.

Practical Experience of 4. Lawyers

the materials to be submitted for divorce can be roughly divided into four parts: basic materials to prove the existence of the subject of the lawsuit and the marital relationship, such as identity cards and marriage certificates. Whether the materials are complete or not directly determines whether the case can be successfully filed at one time. It takes time to supplement the materials back and forth, and it may also make the other party alert earlier and act in advance, instead putting himself in a passive position.

There is an understanding to be corrected: the basic evidence submitted at the filing stage is not all the evidence. The law allows supplementary submission within the time limit for proof, so there is no need to delay prosecution because a certain piece of evidence is not available for a while. Especially when the other party has already shown signs of transferring property, it is often more important to file a case in time and keep up with the preservation than to wait for all the evidence to be collected. It is more in line with the practical rhythm to let the case stand, grab the timeline in hand, and then gradually strengthen it according to the time limit for proof.

In operation, it is suggested to take two steps: first set up the case with basic materials, and after filing the case, complete the core evidence according to the time limit for proof. At the same time, the application for preservation will apply for preservation, and the application for investigation order will apply for investigation order. The materials are numbered according to categories and made into a catalogue, which is convenient to search and cite in court and leaves a good impression on the judge. Negotiations and litigation can be pushed in parallel, without waiting for everything to be ready. Rhythm itself is a bargaining chip. If you file a case earlier, you will often have more initiative.