What should be prepared before the Ningbo divorce case starts?

The preparatory work conducted prior to the court hearing in a divorce case directly determines the effectiveness of the trial and the direction of the court’s decision. Many parties appearing in court without legal representation are inadequately prepared: they fail to present the arguments they should make, neglect to submit the evidence they ought to, and once the deadline for submitting evidence has passed, they are left with nothing but regret. To put it bluntly: Before the trial, you should focus on three key issues—whether the marital relationship has irretrievably broken down, child custody, and property division—and accomplish four tasks: prepare a mediation proposal without compromising your bottom line, organize the original evidence according to the exhibit list, draft an outline for your opening statement, and develop a plan for child custody. This article provides a ready‑to‑follow checklist for pre‑trial preparation and highlights the local procedural arrangements specific to family litigation in Ningbo.

1. Legal Basis and Trial Logic

The adjudication of divorce cases proceeds along three main lines, with the corresponding legal basis being:

1. Divorce or not: Article 1079 of the Civil Code stipulates that the people's court shall conduct mediation when hearing divorce cases; if the feelings have indeed broken down and mediation is invalid, the divorce shall be granted, and the legal situations such as bigamy and cohabitation with others, domestic violence, gambling and drug abuse, and separation for two years due to emotional discord are listed;
2. child support: Article 1084 of the Civil Code stipulates that the child support after divorce shall be determined according to the principle of the most beneficial to the minor children. In principle, children under the age of two live with their mothers, and those who have reached the age of eight shall respect their true will;
3. Division of property: Article 1087 of the Civil Code provides that marital property shall be dealt with by agreement between the spouses; if no agreement is reached, the court shall make a judgment in accordance with the principle of safeguarding the interests of children, the female party, and the party at no fault.

At the procedural level, we should also remember a hard rule: the Civil Procedure Law stipulates that the parties have the responsibility to provide evidence for their own claims; there is a time limit for adducing evidence, and the court may not accept the evidence submitted after the time limit-it is much more important to prepare all the evidence before the court and submit it within the time limit for adducing evidence.

2. Four matters before the trial: mediation plan, evidence, outline, and child-rearing contingency plan.

First: Prepare a mediation proposal, but do not compromise on principles. Divorce case mediation runs through the whole process, and three layers of schemes should be figured out clearly before the court: the best scheme (the result you want most), the acceptable scheme (the concession space), and the bottom line scheme (the red line that cannot be broken through), which respectively correspond to the property division ratio, custody ownership, maintenance standard and visiting arrangement. The bottom line should not fall below your legitimate rights and interests—common pressure in family mediation often involves urging parties to reconcile and make concessions, which can lead unprepared individuals to progressively yield during the process.

Item 2: Organize the original evidence according to the checklist.Group and number all pieces of evidence according to their “purpose of proof,” and prepare an evidence index, with each group of evidence corresponding to a specific fact to be proven:

1. Identity and Marriage Evidence Group: Marriage Certificate, Household Registration Booklet, Children’s Birth Certificates;
2. Evidence group for marital breakdown: proof of separation, police records, chat logs, witness testimonies;
3. Property Evidence Group: Property ownership certificate, vehicle purchase receipt, bank statements, investment portfolio holdings, and records of housing provident fund and social insurance contributions;
4. Evidence supporting the custodial preference: proof of income, housing conditions, records of time spent living with the children, and school communication records.

Electronic evidence must include the preservation of original devices such as mobile phones, and preparations should be made for on‑court login demonstrations or notarization—Ningbo courts exercise caution in admitting electronic evidence such as WeChat messages, and the evidentiary value of standalone screenshot printouts is limited. You should also review the opposing party’s evidence in advance and prepare objections to each piece of evidence, addressing its authenticity, legality, relevance, and intended purpose of proof one by one.

Third item: Prepare an outline for the speech, focusing on three key points.The central issues in divorce cases are whether to divorce, who will be granted custody of the children, and how the marital property will be divided. Organize the outline in this sequence, preparing two to three core arguments and corresponding supporting evidence for each key point. During court proceedings, adhere to the outline to avoid being led off course by the opposing party. Writing down what you want to say in advance can also help prevent you from becoming incoherent or omitting key points when you’re feeling emotional.

Fourth: The child-rearing plan must be detailed. For those who fight for custody, prepare evidence of their own support advantages (economic income, housing conditions, educational ability, actual company time, affection with children, ability to assist the elderly); for those who agree to support each other, prepare specific visit plans (time, place, holiday, winter and summer vacation arrangement, temporary change of communication). Courts are most skeptical of the statement, “I want a child, but I can’t explain how I’ll raise it.” The more specific you are, the more persuasive your argument will be.

Inventory and Valuation of Assets: Laying Your "Family Wealth" Bare

The sorting of property should be detailed rather than rough, and it is suggested to list items by type: real estate (location, title certificate number, registrant, down payment and loan repayment, present value reference); vehicle (brand model, license plate, loan balance, current valuation); deposit and financial management (account opening bank, account number, balance, position); securities and fund (account, position, market value); housing provident fund and social security personal account balance; insurance (insurance type, policyholder, cash value); equity and operating assets (company name, shareholding ratio, capital contribution); claims and accounts receivable; valuables (jewelry, collections). Each item is listed in three columns: basis of ownership, current value, and proposed treatment.

3. Prepare according to different scenarios: domestic violence, concealment of assets, complex assets, witnesses.

The key preparation points vary depending on the type of case:

1. Domestic violence involved: prepare alarm records, injury photos, hospital diagnosis certificates, warning letters, community mediation records; the court may apply for a personal safety protection order during the trial. According to the Anti-Domestic Violence Law, the court will make a ruling within 24 hours or generally 72 hours after accepting the case, and the validity period shall not exceed six months.
2. Suspecting the other party's hidden property: prepare account clues (bank, tail number, unit), apply for court investigation and evidence collection or investigation order to obtain running water, or apply for property preservation; Ningbo Yinzhou and other courts promote divorce litigation property declaration, and truthfully filling in the declaration form before the court itself is the link of fixing the other party's declaration obligation.
3. Involves complex assets such as corporate equity and intellectual property.: Engage an appraiser in advance and prepare the company’s articles of association, proof of capital contributions, and financial statements for the past three years; if the equity division involves other shareholders, the rules regarding preemptive rights must also be taken into consideration.
4. Witness testimony required: Submit a request for the witness to appear in court to the court before the expiration of the evidence‑submission deadline; prepare a written statement of the witness’s testimony and a list of the matters to be proved; remind the witness to bring identification.

4. Checklist for the week before the hearing and the day of the hearing

One week before the court: sort out the time line of the case (key events from marriage to emotional breakdown are sorted by time); verify that the original and photocopy of the evidence are consistent; confirm the person appearing in the court (in principle, I must appear in court in divorce cases, and those who have real difficulties and cannot appear in court should explain to the court); study the other party's possible defense again and prepare a response.

the day of the hearing: dress appropriately, carry all the original evidence and evidence catalogue, speech outline, paper and pen; mute the mobile phone, obey the command of the court, and obtain the consent of the judge before speaking; record the main points carefully when the other party makes a statement, and put forward those found inconsistent with the facts in the cross-examination link.

After the court hearing: Review the transcript of the proceedings, and if you find any discrepancies between the record and your own statements, request immediate correction on the spot. As the transcript serves as the factual basis for the judgment, be sure to check each page carefully before signing.

Court Trial Procedure and Role Allocation

Gaining prior knowledge of the courtroom procedure can significantly reduce on-the-spot nervousness: Divorce trials typically proceed in the following order: court investigation, court debate, final statements, and mediation. At the stage of court investigation, the judge asked about the focus of the dispute, and the two sides provided evidence and cross-examination; at the stage of debate, they expressed their opinions on "whether the feelings were broken, the children were raised and the property was divided"; at the end of the final statement, the judge would organize mediation again before and after the end of the trial. The division of labor between the parties suggests that the facts should be stated by themselves (they know the process best), and the legal and procedural issues should be expressed by written agents. Emotional control is the first priority in the audience-the judge has seen too many parties who are out of control and are in a mess.

For those who claim that the other party is guilty of bigamy, cohabitation with others, domestic violence, abuse and abandonment and claim damages (Article 1091 of the Civil Code), the chain of fault evidence must be prepared before the court: evidence of cohabitation (rental record of shared house, property registration, testimony of neighbors, travel record), evidence of domestic violence (alarm, warning letter, injury identification, medical record) and proof of damage consequences. Damages include material and moral damages, and the amount claimed should be based on (Interpretation 1, Article 86); At the same time, if compensation for domestic work (Article 1088 of the Civil Code) is advocated, evidence of input for raising children and caring for the elderly shall be prepared. The evidentiary threshold for alleging fault is high; in the divorce dispute between Chang and Meng heard by the Jiangbei District People’s Court of Ningbo, the claims of fault and asset transfer were not upheld due to insufficient evidence—accusations of fault without a coherent chain of evidence are better left unmade.

5. Common misconceptions

Myth 1: No preparation is needed before the hearing; just go to court and improvise.Correct answer: Divorce cases involve complex facts and have strict evidentiary deadlines; an unprepared trial is often riddled with flaws, and key claims may be rejected for lack of proof.

Myth 2: Verbal statements are sufficient for dealing with emotional issues.Correct answer: The breakdown of the marital relationship must be proven with evidence (such as proof of separation, police records, chat logs, witness testimony, etc.); mere oral statements are unlikely to convince the judge.

Misconception 3: I am already familiar with the other party’s financial situation, so there is no need to conduct an investigation.Correct answer: The opposing party may be concealing or transferring assets; filing an application for investigation and evidence collection, as well as a request for property preservation, prior to the trial is far less costly than pursuing recovery afterward.

Misconception Four: Evidence can be supplemented at any time during the trial.Correct answer: There is a time limit for submitting evidence; evidence submitted after the deadline may not be admitted by the court. If there is indeed new evidence, it should be submitted before the conclusion of court debate, along with an explanation of the reasons.

Misconception 5: Mediation always lets the other party gain an advantage, so we should reject it outright.Correct answer: Mediated settlement documents have enforceable force, lead to a swift resolution with minimal adversarial conflict, and—crucially—require adhering to a bottom-line proposal while treating mediation as a tool for advancing one’s interests rather than as a sign of weakness.

Misconception 6: Printing out screenshots of chat records before the court hearing is considered sufficient proof.Correct answer: Electronic evidence emphasizes the original device and its integrity; screenshots are easily challenged as having been edited. Therefore, the original mobile phone should be preserved, and a live demonstration during court proceedings should be prepared; notarization may be necessary when required.

Misconception #7: The custody battle is all about whose income is higher.Correct answer: Financial circumstances are only one of the factors; the court comprehensively considers the time spent with the child, stability of residence, educational capabilities, and the child’s wishes (for children aged eight or older). A higher income does not necessarily guarantee a favorable outcome.

Misconception 8: The more you speak during the trial, the better.Correct answer: A statement is meaningful only if it addresses the core of the dispute and is supported by evidence; repetitive or emotionally charged remarks dilute the key points, whereas well‑crafted written submissions combined with precise oral advocacy are more effective.

Misconception 9: After a divorce is denied, all one can do is wait for six months.Correct answer: During the waiting period, you can prepare by renewing property preservation measures, documenting evidence of separation, and monitoring for any new developments such as domestic violence. If the relevant conditions are met, you may file another lawsuit without being subject to the six-month limitation.

Myth 10: It’s enough to simply say “I want the children” orally during the court hearing.Correct answer: A custody claim must be supported by a comprehensive parenting plan, addressing in detail who will oversee the child’s daily care and school transportation, the parties’ income and housing conditions, their emotional bond with the child, as well as any adverse factors pertaining to the other party—each point should be substantiated with evidence.

Myth 11: The more evidence, the better—just dump it all on the court. Positive solution: the most important thing is the accuracy of evidence. Only when the evidence is grouped and numbered according to the purpose of proof and the object of proof of each evidence is explained can the judge grasp the key point; irrelevant or repeated evidence dilutes the probative force instead.

6. Frequently Asked Questions

In divorce cases, must the parties appear in court in person?

In principle, it is required. Divorce cases involve identity relations, and the court needs to listen to my own opinions; if it is really impossible to appear in court due to special circumstances, it should explain in writing to the court whether to allow the court to decide, but the trial in absentia is extremely unfavorable to the party.

When should the evidence be submitted?

Evidence shall be submitted within the evidentiary period designated by the court; submissions made after the deadline may not be admitted. Requests for the court to investigate and collect evidence, as well as requests for witnesses to appear in court, must also be filed in writing before the expiration of the relevant period.

Can I apply for property preservation before the court hearing?

Sure. An application may be filed either at the time of case initiation or during the course of litigation. It must include leads regarding the property to be preserved and a security deposit (in family law cases, the court may reduce the amount of security required). The sooner you file an application upon detecting signs of asset transfer by the opposing party, the better.

What should I do if the opposing party submits evidence in court that I have never seen before?

You may request a period for challenging evidence or submit written challenges after the hearing, rather than responding hastily on the spot; if you dispute the authenticity of any evidence, you may apply for an expert appraisal or request the opposing party to provide the original source.

Do I have to present all my claims at the first court hearing?

In principle, it focuses on the complaint and the reply, and the judge will summarize the focus of the dispute in the trial; the matters with insufficient evidence can be applied for post-trial supplement or investigation, but the claims within the time limit of proof should be clarified at one time.

7. Practical Insights from a Lawyer

The preparations before the trial determine whether, in court, you will be leading the judge or being led by the opposing party. The trial in a divorce case revolves around three main issues: whether the marital relationship has indeed broken down, which parent will be granted custody of the children, and how the marital property is to be divided. The most common mistake parties make when appearing in court themselves is to focus on arguing their case and voicing their grievances, while leaving critical gaps in presenting the necessary evidence and clearly accounting for their assets. In particular, there is a deadline for submitting evidence; any materials presented after the deadline may not be admitted by the court at all. Therefore, preparing all the necessary documents in advance is far more important than improvising during the trial.

The specific items you need to prepare can be categorized into four groups.On the mediation plan, think clearly about the most desired results, acceptable concessions and the bottom line that cannot be broken through, corresponding to the proportion of property, the ownership of maintenance and the standard of maintenance respectively. On the evidence, according to the focus of the dispute, it is divided into three groups: feelings, upbringing and property. The catalogue number, the original and the copy are separated and can be found at a glance at the hearing. In terms of speaking, write the facts to be written into a one page outline in chronological order, avoid robbing or missing words in court; In raising this area, there must be specific statements about who will take care of the children now, where they will go to school, and your future care arrangements, instead of just saying that I love children more.

One week before the hearing, supplementary preparations should be made according to the type of case: for those involved in domestic violence, arrange the alarm, medical treatment and injury materials according to the time, and be ready to deal with the argument that the other party is just a husband and wife quarrelling; If it is suspected that the other party is hiding property, apply for investigation or preservation before the court, and don't wait until the court to mention it. If the assets are complicated, list the real estate, make a list in advance. On the day of the hearing, bring all required documents, original evidence, and your outline, and keep your emotions under control. Finally, remember that mediation runs throughout family law cases. Judges prefer to see both parties willing to negotiate; leaving room for negotiation is often more advantageous than maintaining a hardline stance throughout the proceedings.

The essence of pre-trial preparation is to transform “emotional, domestic matters” into “legally provable facts.” A mediation plan to prevent impulsive decisions, an evidence checklist to avoid omissions, a speaking outline to stay on topic, and a child‑care contingency plan to address potential gaps—when you have all four in place, you’ll be in control during the trial. Remember these two principles: thorough preparation within the evidence‑submission deadline is more valuable than any on‑the‑spot improvisation during the trial; and mediation is not a sign of weakness—mediation that stays true to your bottom line is the optimal solution.