Ningbo divorce case hearing process is what kind

Many parties entered the court of divorce proceedings for the first time, and they were so nervous that they were incoherent. They didn't know what would happen next, what they should say, and whether they could read with materials. In fact, the courtroom procedure in divorce cases is not mysterious at all; familiarizing yourself with it in advance can significantly reduce anxiety and improve your performance during the trial. Conclusion first: divorce cases can be roughly divided into five stages: pre-trial preparation, court investigation (evidence and cross-examination), court debate, final statement and judgment. The trial focuses on whether the relationship is broken, children are raised and property is divided. Divorce cases involving personal privacy can be applied for closed trial. In principle, the parties themselves must appear in court. This article explains each stage "what will happen and what you should do" according to the time line.

1. pre-court preparation: from filing a case to opening a court session, don't enter the court empty-handed

Divorce litigation starts from the prosecution: the plaintiff submits the complaint and evidence to the court with jurisdiction, and the court examines those who meet the conditions of prosecution to file the case within the legal time limit, and serves a copy of the complaint to the defendant; the defendant should submit the defense within 15 days from the date of receipt, and the failure to submit will not affect the court hearing. Before the hearing, the parties should complete three things: first, the original evidence should be sorted out-the marriage certificate, birth certificate, real estate certificate, bank flow, original carrier of chat records, etc. should be numbered in the order of the evidence list, and the copies should be submitted to the court for future reference. During the hearing, the judge may require the court to check the original in court; Second, the outline of the speech is prepared-focusing on whether the relationship is broken, the child support plan and how to divide the property, write an outline of "what do I want to prove and which evidence to prove it" to avoid rambling on the spot; Third, the confirmation of procedural matters-if it is necessary to apply for a closed trial (divorce cases involve privacy, and if the parties apply for a closed trial, they can be heard in private, according to Article 137 of the current the People's Republic of China Civil Procedure Law), they shall be submitted to the judge before or at the beginning of the trial; if it is necessary to apply for a witness to appear in court, an investigation order or property preservation, a written application shall be submitted in advance according to the time limit for proof. On the day of the hearing, the clerk first announced the court discipline, checked the identities of the parties, announced the composition of the collegial panel or the sole judge and informed the litigation rights and obligations. The judge asked whether to apply for recusal-divorce cases are mostly heard by the sole judge in the basic courts, and the second instance and some complex cases are heard by the collegial panel.

2. court investigation: cross-examination is the core battlefield

The court investigation is the most substantive stage of the divorce trial, which organizes evidence and cross-examination around the facts of the case. Procedural: First, the plaintiff reads out the complaint (or briefly describes the claim and factual reasons), and the defendant replies; Then enter the proof and cross-examination-the plaintiff presents the evidence and explains the purpose of the proof, the defendant cross-examination item by item (expressing opinions on authenticity, relevance and legality), and then exchange the evidence provided by the defendant and the plaintiff cross-examination. In divorce cases, judges usually ask both parties questions about key facts. Common questions include: the time of marriage and place of registration, the situation of children, the cause and course of emotional breakdown, the time and status of separation, the scope of the couple's common property (real estate, deposits, equity, vehicles), whether there are joint debts, whether there are fault situations, etc. The parties should pay attention to three points: first, to provide evidence around the focus of the dispute-those who advocate emotional breakdown should submit evidence such as separation and intensification of contradictions, those who advocate multi-division of property should submit evidence of property clues and the fault of the other party, and those who advocate custody should submit evidence with better conditions for their own upbringing; Second, the cross-examination should have substantive content-if the evidence of the other party is not recognized, explain the specific reasons (e.g, it is a supplementary signature, the authenticity is in doubt "), rather than a general" non-approval "; Third, truthful statements-false statements may bear adverse consequences, and statements involving identity relationships should be particularly cautious. During the trial, the judge may also organize reconciliation in court (property and debts are checked one by one). Some courts in Ningbo implement a property declaration system in divorce proceedings. Both parties must truthfully declare the joint property of the husband and wife. Concealment and omission may bear the adverse consequences of less or no division.

3. Court Arguments, Closing Statements and Judgement

after the end of the court investigation, enter into the court debate: both sides give their opinions around the focus of the dispute, and the key points are still the three main points-whether the relationship has indeed broken down, who is more conducive to the growth of the children, how to divide the property and how to bear the debt. The debate is not a quarrel, but a "law of factual evidence" to prove one's claim: for example, if one claims compensation for divorce damages, one needs to connect the evidence of fault with the legal basis (article 1091 of the Civil Code). This is followed by a final statement, in which both parties briefly summarize their claims and reasons, and the plaintiff usually again identifies core requests such as "requesting a divorce. After the judge announces the adjournment, the collegial panel or the sole judge will deliberate, and then choose a day to pronounce the sentence-in practice, divorce cases are rarely pronounced in court, and it is normal to pronounce the sentence on the day. The way of sentencing has nothing to do with the result of the judgment, so there is no need to struggle with "why not give the result on the spot". After receiving the judgment, if you are not satisfied with the judgment, you can appeal to the court at the next higher level within 15 days from the date of service of the judgment; if you are not satisfied with the division of property, the upbringing of children, the determination of emotional breakdown, etc., you should go through appeal relief, and the judgment will enter the stage of performance or execution after the expiration of the judgment. It should be noted that divorce cases often have mediation before the court session: the court will organize mediation first, and the mediation can withdraw the lawsuit or settle the case through mediation, and the court will issue a mediation document for mediation of divorce (the mediation document has the same effect as the judgment); Mediation is a legal pre-procedure for divorce proceedings (Article 1079 of the Civil Code), and mediation cannot enter the judgment procedure.

4. special rules: presence, absence and non-disclosure

There are three special rules that must be known in divorce cases: first, I must appear in court in principle-divorce proceedings involve identity relationship, even if an agent is entrusted, the parties themselves must appear in court in principle to state their wishes; if they are unable to appear in court due to special circumstances, they should submit written opinions to the court and explain the reasons, and only with the permission of the court can they not appear in court. Secondly, the consequences of trial in absentia: If a defendant, having been duly summoned by subpoena, fails to appear without justifiable cause, the court may proceed with the trial and render a judgment in their absence. Absence does not automatically result in divorce; however, it may lead to adverse consequences due to the waiver of rights to respond and present evidence, so it is imperative to actively participate in the litigation. Third, the trial shall not be held in public-according to Article 137 of the Civil procedure Law, if a party to a divorce case applies for a private trial, it may not be heard in public; if it involves minor children, personal privacy, domestic violence, etc., the application for non-disclosure can avoid the spread of privacy, you can apply orally to the judge during the hearing, and the court will generally allow it. Furthermore, statements made during the trial shall be limited to the facts of the case and legal issues in dispute; parties must not insult the opposing party or disclose personal private information unrelated to the case. Otherwise, the judge is authorized to intervene, and in serious cases, sanctions may be imposed.

5. Common Misconceptions

Myth 1: The more the court says, the better. positive solution: the speech at the trial should be concise and to the point, focusing on the focus. irrelevant complaints and repetition will instead distract the attention of the judge and reduce the impression. the key point is to make "evidence-fact-request" clear.

Misunderstanding 2: You must argue with the other party during the court session to prove the breakdown of your relationship. Positive solution: The judge judges whether the feelings are broken or not is based on the evidence and facts (the legal situation of Article 1079 of the Civil Code), rather than the degree of quarrel in the trial; it is more beneficial for the judge to accept your point of view by keeping rational and clear organization.

Misunderstanding 3: If an agent is entrusted to appear in court, I can not go.Correct answer: Divorce cases involve matters of personal status; in principle, the parties themselves must appear in court to state their wishes. If a party merely appoints an agent but fails to appear in person without justifiable reason, they may be deemed to have refused to appear, which could affect the adjudication of the case.

Misconception Four: A judgment delivered in court is more advantageous to me. The correct explanation: the divorce cases are seldom pronounced in court, and it is normal to choose a date to pronounce a sentence. The way of pronouncing a sentence has nothing to do with the result of the judgment, so there is no need to worry about gain and loss in "whether to pronounce a sentence in court.

6. After First Instance: Appeal, Retrial and Execution

The judgment is not the end point, and the procedure after the first instance also determines whether the right can be landed. First, appeal-if you are not satisfied with the judgment of the first instance, you should appeal to the higher court within 15 days from the date of service of the judgment (10 days if you are not satisfied with the judgment), and the appeal petition should be submitted through the original court or directly to the second court. The second instance will review the appeal request. The space for revision depends on whether there are errors in the determination of facts and the application of the law. If there is no new reason, the second instance is a higher probability. Second, retrial-after the judgment comes into effect, if it meets the legal reasons for retrial (such as the discovery of new evidence, the lack of evidence to prove the basic facts determined by the original judgment, the application of the law is wrong, etc.), it can apply for retrial within the legal time limit, or apply to the people's procuratorate for procuratorial suggestions or protest, but retrial is an error correction procedure for the effective judgment, and the threshold is relatively high. Third, enforcement-divorce judgments involve three types of enforcement: alimony payment (can apply for enforcement of the other party's wages and property), property division (can be enforced if the other party refuses to deliver real estate or money), visitation rights (if the other party does not cooperate with the visit, can apply for enforcement, the court can take compulsory measures such as fines and detention, but shall not enforce personal enforcement-the realization of visitation rights relies more on education and deterrence). The divorce may also involve a second lawsuit after the change of custody and the obstruction of visitation rights, and the procedure is similar to that of the first instance. Understanding these procedures can help the parties to make rational decisions after receiving the judgment: the appeal of the appeal, the performance of the performance, do not spend time on invalid confrontation.

7. FAQ

How many court sessions do divorce cases usually take? How long can a judgment be made?

The general trial of summary procedure can be held in one session, and the ordinary procedure may hold multiple sessions depending on the complexity of the dispute; the trial of first instance is limited to three months from the date of filing the case and six months from the date of filing the case for ordinary procedure (both can be extended according to law). In addition to the time of mediation and appraisal, it usually takes several months from filing the case to judgment. Whether the marital relationship has broken down and whether the property matters are complex are the primary factors influencing the duration of the proceedings.

Can the first trial be held?

Not necessarily. Whether or not divorce is decided depends on whether the relationship has indeed broken down (bigamy and cohabitation, domestic violence, gambling and drug abuse as listed in Article 1079 of the Civil Code, repeated education, separation for two years, etc.) and mediation. If the first lawsuit is filed and the other party firmly disagrees and the circumstances cannot be determined, the court may decide not to divorce, and the lawsuit shall be filed again six months after the judgment takes effect (except for new circumstances and new reasons).

Can audio and video recording be used in the trial?

No. Without the permission of the court, the trial may not be recorded, videotaped, photographed or used mobile communication tools to disseminate the trial activities, and the judge who violates the law may order it to be deleted and reprimanded. Need to record can use paper and pen to sort out the main points.

What should I do if I forgot to bring the original evidence?

can explain in court and apply for supplementary submission after the court, whether it is allowed or not is decided by the court; the safest way is to check the original according to the evidence list before the court, and important evidence (such as real estate certificate, debit note and appraisal report) must be carried with you. The original carrier of electronic evidence (mobile phone) should also be brought to court for future reference.

What should I do when the other party takes out a pile of "evidence" that I haven't seen before?

There is no need to panic: for the new evidence submitted in court, you can ask for the time of cross-examination, or you can ask for supplementary cross-examination after the court adjourns; if you have doubts about its authenticity, you can apply for identification (such as handwriting and formation time). Pay attention to the full picture of the other party's evidence through evidence exchange before the trial to avoid passivity.

8. Lawyer's Practical Insights

The parties who enter the court for the first time are most likely to lose points in the preparation before the court. The hearing is not an on-the-spot performance, but the evidence is organized into groups according to "what can be proved": those who prove the marital relationship, those who prove the emotional status, those who prove the distribution of property, and those who prove the fact of support, are numbered respectively, and the original and photocopy are prepared. Before the trial, clearly identify which pieces of evidence support each claim; otherwise, during the hearing, you may be led astray by having to search through your materials. The procedural documents such as identity certificates, authorization materials and copies of the indictment should also not be left behind. If one copy is missing, it may have to be rescheduled, thus delaying a hearing in vain.

The core link of the trial is the proof and cross-examination in the court investigation. The facts you present must be supported by evidence. You should carefully review the opposing party’s submitted materials in court and clearly raise any objections regarding their authenticity or relevance—do not simply state that you have no objections out of nervousness. If the evidence is in the hands of the other party or a third party, you can apply to the court for investigation and collection of evidence or access to the key facts involving property and upbringing, and leave the opening. The clerk will record the statement in the record. After the court, he must check it page by page. If he finds that the record is inconsistent with his own statement, he will ask for correction on the spot.

Mediation runs through the whole process of the trial, and judges often do mediation work before and after the trial. Don't understand mediation as a sign of weakness, many conditions are precisely negotiated in mediation, and the mediation agreement takes effect on the spot and can be directly applied for execution, thus saving follow-up trouble. If personal safety is involved, you can apply for a closed hearing. If you are unable to appear in court due to special circumstances, you should explain in advance. If you are not satisfied with the judgment of the first instance, you must appeal within the statutory time limit. It is much more difficult to miss the time limit and then think about relief. After the court, if you have any questions about the contents of the record or the judgment result, you should communicate with the attorney to verify it in time, and you don't have to run to the court repeatedly to ask questions.

The process of divorce hearing is a clear time line: pre-court preparation (application of evidence outline procedure) → court investigation (questioning by the judge of evidence and cross-examination) → court debate → final statement → judgment and judgment, plus special rules such as mediation, non-public trial and personal attendance. For the parties, the best "trial strategy" is actually pre-trial homework: the evidence is sorted out according to the list, the original is carried with you, the focus is well known, and the speech is concise and restrained. Don't use the court as a battlefield to win or lose, but use the court as a stage to present facts and evidence-what the judge wants to see is not emotion, but the chain of evidence that can support the request.Rational, honest, prepared to go through the process, is the best performance of the trial.