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What materials should be prepared for Ningbo to sue for divorce

Ningbo Author：LuXu WANG

When deciding to sue for divorce, the first step is to prepare the prosecution materials. If the materials are not ready, the filing will be returned or delayed. If the materials are fully prepared, the filing progress can be accelerated. The following is a list of materials that must and may need to be prepared to sue for divorce.

One sentence conclusion: To sue for divorce, one must prepare a bill of complaint, plaintiff's ID card, marriage certificate, birth certificate of children (if there are children) and identity information of the defendant. If property division is involved, property evidence should also be prepared. If custody is involved, relevant evidence of support ability should be prepared. It is recommended to prepare one copy of all materials according to the number of defendants.

1. legal basis

article 122 of the the People's Republic of China Civil Procedure Law stipulates the conditions for prosecution: the plaintiff is a citizen who has a direct interest in the case; there is a clear defendant; there are specific claims, facts and reasons; it belongs to the people's court to accept civil litigation The scope and jurisdiction of the people's court.

Article 123 of the the People's Republic of China 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.

2. core points

  1. essential basic materials:
  • complaint: state the basic information of the original defendant, litigation claims (divorce, custody, maintenance, property division), facts and reasons (emotional breakdown).
  • Copy of the plaintiff's ID card.
  • Marriage certificate: proof of marriage. If the marriage certificate is lost, a marriage registration certificate may be issued to the marriage registration authority.
  • Defendant's identity information: copy of ID card or information containing at least name, ID number and address. If you do not know the defendant's ID number, you can provide the household registration address or the address of your habitual residence.
  • Birth certificate or household registration of children: if there are minor children, the identity of the children and the parent-child relationship of the original defendant shall be proved.
  1. Supplementary materials concerning custody:
  • evidence of self-support capacity: proof of income, proof of housing, educational background, proof of health.
  • Evidence that children are taken care of by their own daily: pick-up and drop-off records, school communication records, medical escort records, photos, etc.
  • If the child has reached the age of eight, prepare relevant evidence of the child's wishes (such as written opinions, audio and video recordings, but pay attention to legality).
  • Evidence that the other party is not suitable for upbringing: domestic violence record, evidence of bad habits, proof of long-term absence from the local area, etc.
  1. Additional material relating to the division of property:
  • real estate: real estate certificate, purchase contract, payment voucher, loan contract, repayment record.
  • Vehicle: driving license, purchase invoice, vehicle registration certificate.
  • Deposits: bank account information, recent flow (you can apply to the court to investigate the other party's flow).
  • Stocks/funds: account information, proof of position.
  • Provident Fund: Provident Fund deposit certificate.
  • Company equity: articles of association, industrial and commercial registration information, capital contribution certificate.
  • Other property: insurance policies, certificates of intellectual property rights, certificates of valuables, etc.
  1. Evidence of emotional breakdown:
  • proof of separation: rental contract, community certificate, water and electricity payment records.
  • Evidence of domestic violence: alarm records, injury photos, medical records, public security organs warning.
  • Evidence of infidelity: chat records (notarization recommended), transfer records, photos (pay attention to legality).
  • Other fault evidence: gambling, drug record, criminal judgment, etc.

3. boundary conditions

  • if the defendant's whereabouts are unknown, the court may require service of public notice and the plaintiff to provide proof of the defendant's last known address and whereabouts.
  • If the defendant is abroad, it may need to be served through diplomatic channels, and the litigation cycle is longer. It is recommended to prepare sufficient evidentiary materials.
  • If the marriage certificate is hidden or destroyed, an application may be made to the marriage registration office for a marriage registration record certificate.
  • If the property is involved but the property certificate has not yet been obtained, the purchase contract, payment voucher, etc. can be provided to prove the ownership of the house.
  • If there is a dispute between the parties over the value of the property, it may be necessary to commission an appraisal agency to assess the value of the property, and the relevant materials may be supplemented in the litigation.

4. operational steps

  1. to the marriage registration office to obtain marriage registration files or make up the marriage registration certificate.
  2. When writing a complaint, the litigation request should be clear and specific (for example, "divorce is granted by judgment", "children born in marriage are raised by the plaintiff, and the defendant pays XX yuan of maintenance fee per month", "division of the joint property of husband and wife according to law").
  3. Organize copies of basic materials such as ID cards, marriage certificates, and birth certificates of children.
  4. Sort out the property list and collect evidence materials such as real estate, vehicles, deposits and equity.
  5. Collect relevant evidence of emotional breakdown and organize it in groups by type of evidence.
  6. Submit the prosecution materials to the competent court (usually the court of the defendant's domicile or habitual residence), and prepare one copy according to the number of defendants.
  7. Pay legal fees and wait for the court to file and schedule.

5. common mistakes

myth 1: You can't sue for divorce without a marriage certificate. If the marriage certificate is lost or hidden by the other party, the marriage registration file can be obtained from the marriage registration office, and the marriage relationship can be sued on the basis of the file.

Myth 2: You must have all the other party's property information before you can sue. The prosecution only needs to provide a known clue of property, and the other party's hidden property can be identified in the proceedings by a court investigation order or an application for a court investigation.

Misunderstanding 3: less than two years of separation can not sue for divorce. Two years of separation is only one of the cases of emotional breakdown. Even if you have not been separated for two years, you can sue for divorce as long as there is other evidence of emotional breakdown.

Misunderstanding 4: the more materials, the better to file a case. When filing a case, the court mainly reviews the formal requirements, and too much material may lead to delays in the filing window review. The key materials are complete, and the detailed evidence can be supplemented within the period of proof.

Practical Experience of 6. Lawyers

the first step in filing a divorce lawsuit is not to write a complaint, but to divide the materials into two piles according to necessity and need. The necessary pile is the basis: the complaint, the plaintiff's identity document, the marriage certificate (the lost one goes to the registration authority to issue the marriage registration certificate), the information that can determine the identity of the defendant, and the birth certificate or account book of the child if there are children. If property is involved, the evidence of property shall be supplemented; if custody is involved, the material of the ability to support shall be supplemented. Many people piled up all the materials they could think of as soon as they came up, but missed the most critical ones, resulting in the filing being returned or made up back and forth.

How to prepare the pile as needed depends on how your application is written. If you advocate the division of property, you should prepare the ownership certificates and capital contribution clues of real estate, vehicles, deposits, equity, etc. If you advocate direct upbringing, you should focus on preparing your own daily records of taking care of your children, proof of income and living conditions, and materials that the other party is not suitable for upbringing. If the children have reached a certain age and their true wishes are of reference significance, they should also pay attention to the legal way of obtaining evidence and explain the source, rather than relying on temporary patchwork. The more specific the complaint is written, the clearer the materials to be prepared. Don't let the request and the evidence be separated.

There is another detail that should not be ignored: one copy should be added according to the number of defendants, the number of copies of the indictment and evidence should be counted, and the list of materials should also be listed and numbered so as to facilitate the checking of the filing court. Before submitting the complaint, go through the claims one by one, whether divorce, custody, alimony, property division and damages should be written or not, and whether the facts and reasons are in line with the request. This step of material preparation is done solidly, and the court session and proof will go smoothly later. On the other hand, the initial request is missing items, and later it is often necessary to go through another procedure, which does more harm than good.