Insights

Ningbo Divorce Prosecution Material List: What to Bring to File a Case

Ningbo Author：LuXu WANG

If even one document is missing, the application will be rejected at the window, and it’s not uncommon to have to make two or three trips back and forth. The case filing and registration system addresses the issue of whether a case can be filed at all, but it does not exempt the parties from the obligation to prepare and submit all required materials. Getting the checklist sorted out all at once often saves more time than repeatedly consulting the process.

1. First, determine jurisdiction: Which court should the application be submitted to?

The direct consequence of filing with the wrong court is that the case will be transferred or returned, which may take anywhere from two weeks to one or two months. The fundamental rule established by the Civil Procedure Law is that lawsuits are filed against the defendant, meaning jurisdiction lies with the people’s court in the defendant’s domicile; if the defendant’s domicile and habitual residence are not the same, jurisdiction lies with the people’s court in the habitual residence.

Special circumstances under the jurisdiction of the plaintiff's domicile

A lawsuit against a person who does not live in the the People's Republic of China area, a lawsuit against a person whose whereabouts are unknown or declared missing, a lawsuit against a person who has been taken compulsory educational measures, and a lawsuit against a person who has been imprisoned shall be under the jurisdiction of the people's court of the place where the plaintiff is domiciled; if the place of the plaintiff's domicile is inconsistent with the place of his habitual residence, the people's court shall be under the jurisdiction. In addition, a case in which one of the spouses has left his domicile for more than one year and the other spouse sues for divorce may be under the jurisdiction of the people's court in the place where the plaintiff has his domicile.

Specific correspondences within the Ningbo area

In this city, the complaint is typically filed with the basic-level people’s court corresponding to the defendant’s domicile or habitual residence. Haishu, Jiangbei, Yinzhou, Zhenhai, Beilun, and Fenghua each have their own designated basic-level people’s court, as do Cixi, Yuyao, Ninghai, and Xiangshan. The determination of a person’s habitual residence generally uses the criterion of continuous residence for one year, which may be substantiated by means such as a residence permit, registration of a housing lease, records of social insurance contributions, and payment receipts for water, electricity, and gas.

2. The six items that must be clearly stated in the complaint.

The complaint serves as the gateway to the entire case, and non-compliant formatting and content are the primary reasons for issuance of corrective notices.

Six essential elements

First, the name, gender, date of birth, ID number, residence and contact information of the plaintiff and the defendant; Second, the litigation request should be listed item by item and be as specific as possible; Third, facts and reasons, including the marriage time, birth situation, emotional change process and the cause of rupture; Fourth, the evidence and the source of evidence, and the name and residence of the witness; Fifth, the name of the people's court who is sued; sixth, the prosecutor's signature and date. The number of copies of the indictment shall be based on the number of defendants, usually two or more copies shall be prepared.

Common Ways to Phrase Claims in a Lawsuit

generally includes: requesting to judge the divorce of the plaintiff and the defendant; requesting to order the legitimate children to be directly raised by the plaintiff, and the defendant to pay a monthly maintenance fee of several yuan until they reach the age of 18; requesting to divide the joint property of husband and wife according to law, specifying the location of the house, vehicle license plate, account and equity information; requesting to order the defendant to bear the corresponding share of the joint debt; involving legal circumstances, can be listed damages or compensation. The more specific the request, the more targeted the subsequent evidence collection and preservation will be.

3. Proof of identity and marital status materials

This set of materials constitutes a mandatory threshold for case filing; none of the items can be omitted.

Plaintiff’s materials

Original and a copy of the ID card; a copy of the relevant page(s) of the household registration book; if represented by an attorney, also submit a power of attorney and a letter issued by the law firm. If the information on the identity card does not match the household registration information, a certificate of household registration issued by the public security organ of the place of household registration shall be submitted for clarification.

Information from the defendant's side

The identity information of the defendant is a must for filing a case. It is preferable to obtain a copy of the identity card; if this is not possible, you may submit the litigation materials to the public security organ at the place of household registration to request a household registration inquiry and issuance of a household registration certificate, or, at the time of filing the lawsuit, request the court to assist in ascertaining the relevant information. If you only provide your name and approximate address without an ID number, you will be asked to correct it in most cases.

Proof of Marital Relationship

The original and a copy of the marriage certificate are the most direct forms of proof. If the marriage certificate is lost, you can go to the original marriage registration office to inquire and obtain the marriage registration file, or apply for the issuance of a marriage registration record certificate. If a marriage is registered abroad, a certified marriage certificate and a Chinese translation are required.

4. Documents related to child custody

If minor children are involved, this part of the material directly affects the identification of direct support relationship.

Basic Identity Documents

Birth certificate; the child’s page in the household registration book; student status certificate or enrollment certificate for children currently enrolled in school. If the child is eight years of age or older, the complaint should set forth the child’s current living and educational circumstances to lay the groundwork for ascertaining the child’s wishes in subsequent proceedings.

Conditions for Child Support and Basis for Alimony Payments

The materials to prove self-support conditions include: housing situation, work and income certificates, daily care participation records, school home-school communication records, medical escort records. A party claiming child support must submit evidence of the other party’s income, such as pay stubs, the social insurance contribution base, and tax records. If the other party has no fixed income, supporting materials regarding their employment status and the average income level in the same industry may be submitted.

5. Materials related to property division

The material of the property part is the most complex, so it is suggested to arrange it according to the property type and make a general list at the head of the volume.

Real Estate and Vehicles

Real estate ownership certificate or purchase contract, proof of payment for deed tax and the purchase price, mortgage loan contract and repayment schedule, bank statements showing contributions made before and after marriage; vehicle registration certificate, vehicle purchase invoice, and vehicle registration information. If the evidence is held by the opposing party and you are unable to obtain it yourself, you may, after filing a lawsuit, apply to the court to subpoena the evidence or request an investigation order.

Funds, Equity, and Insurance Policies

bank account flow and balance certificate; securities account statement; company registration information, capital contribution certificate, articles of association and shareholder register; insurance contract and cash value inquiry form; housing accumulation fund and social insurance deposit details. For cases involving abnormal outflows of large sums of money, the information should be organized into a table in chronological order, with the corresponding direction of transfer clearly indicated.

Debt and Preservation Leads

For joint debts, the loan contract, bank transfer records, and proof of the use of funds must be submitted; if it is claimed to be an individual debt of one party, evidence demonstrating that the funds were not used for common living expenses shall be provided. If you plan to apply for property preservation, you also need to prepare a list of property clues at the same time, including the bank and account number, real estate location or warrant number, vehicle number plate, company name and unified social credit code.

Evidence of 6. emotional breakdown

Article 1,079 of the Civil Code provides that when hearing divorce cases, people’s courts shall conduct mediation; if the marital relationship has indeed broken down and mediation fails, a divorce shall be granted. This provision also lists the specific circumstances under which divorce shall be granted, and stipulates that if, after a people’s court has rendered a judgment refusing to grant a divorce, the parties have lived separately for one full year, and one party subsequently files another divorce suit, divorce shall be granted.

Statutory grounds for granting a divorce

bigamy or cohabitation with others; domestic violence or maltreatment or abandonment of family members; gambling, drug abuse and other bad habits; separation for two years due to emotional discord; other circumstances that lead to the breakdown of the relationship between husband and wife. If one party has been declared missing and the other party files for divorce, the divorce shall be granted. The facts and reasons of the complaint should be expressed around one or more of the organizations, avoiding generalities.

Common Evidence for Various Scenarios

After two years of separation, they can submit their respective housing lease contracts, residence certificates, water and electricity payment records, information notes issued by the community or property, and statements about the start and end time of separation in the information of both parties; domestic violence can submit the alarm receipt, police records, injury photos and treatment records, personal safety protection orders, mediation and help-seeking records of women's federations or communities; an objective record of cohabitation may be submitted, but evidence collection must be limited to legal means. If the first prosecution and the evidence is thin, the probability of divorce is obviously high, and the adequacy of material preparation will directly affect the outcome of the trial.

7. Service Address, Legal Fees and Online Filing

The last group is process matters, seemingly trivial, but it is the part with the highest frequency in the correction notice.

Service Address Confirmation

When filing a case, you need to fill in the confirmation of the delivery address, which indicates the detailed address, contact telephone number and electronic delivery method of receiving documents. If it cannot be delivered due to inaccurate filling, the corresponding consequences shall be borne by the filling party. If the defendant’s address is unknown, the plaintiff shall, at the time of filing the lawsuit, state the due diligence that has been exercised in attempting to locate the defendant; the court shall then proceed in accordance with the law. Where the statutory requirements are met, service by public notice may be applied, but this will significantly prolong the duration of the proceedings.

Litigation Costs and Deferral, Reduction, or Exemption

The acceptance fee shall be paid on a case-by-case basis, and the standard is usually 50 to 300 yuan per case; if the division of property is involved and the total amount of property exceeds 200,000 yuan, the excess part shall be paid separately according to the 0.5%. Those who do have financial difficulties may apply for judicial assistance, and after submitting proof of financial difficulties, the court shall examine and decide to postpone, reduce or exempt the payment. The case acceptance fee is generally borne by the losing party, both parties are responsible for the court's discretion to share, mediation can be halved.

Key points of online filing

At present, most grass-roots courts support filing applications through the online litigation service platform, scanning and uploading the complaint, identity materials, marital relationship certificates and evidence materials, and submitting the paper documents after passing the examination. The uploaded documents shall be clear and complete, and shall be named separately according to the type of materials. It is suggested to attach a catalogue of evidence materials, specifying the name, source and facts to be proved item by item. Submitting documents online can save you the hassle of multiple trips, but the requirement for complete and accurate documentation remains just as stringent—indeed, since on-the-spot communication is not possible, it is even more critical to ensure that all materials are prepared and submitted correctly in one go.

8. Case Confirmation

According to the similar adjudication rules, if divorce is sued for the first time and the defendant clearly disagrees, and the plaintiff only claims emotional breakdown on the grounds of personality incompatibility, the majority of the court will not allow divorce. Thereafter, if the parties have been living separately for one full year and the plaintiff files a second lawsuit while submitting comprehensive evidence of their separation, the likelihood of the second lawsuit being granted is significantly higher. The two lawsuits combined typically take more than a year and a half; therefore, gathering evidence of statutory grounds such as separation and domestic violence before filing the initial lawsuit can often significantly shorten the overall duration. In similar cases, the amount of property division or compensation typically ranges from RMB 100,000 to RMB 3 million, with the exact figure varying depending on the size of the assets and the evidence presented.

According to analogous judicial precedents, if the plaintiff fails to submit the defendant’s identification number at the time of filing the lawsuit and does not request the court’s assistance in ascertaining it, a notice of deficiency is typically issued during the case registration stage, and the period for such supplementation is not counted within the trial duration. In similar cases, incomplete documentation typically prolongs the case filing process by two to four weeks; however, when a list of asset leads is submitted concurrently along with an application for property preservation, the verification and control measures can be completed relatively quickly after acceptance. The difference in the actual rate of assets being secured between these two scenarios is quite significant. In similar cases, the amount of property division or compensation typically ranges from RMB 100,000 to RMB 3 million, with the exact figure varying depending on the size of the assets and the evidence presented.

9. risk warning

  • Incorrect court of jurisdiction: The plaintiff filed the lawsuit based on the defendant’s registered domicile without verifying the defendant’s habitual residence, resulting in potential transfer or remand, with delays measured in months.
  • Defendant’s ID number is missing: If only the name and address are provided, the court typically requires supplementation at the case filing stage.
  • the litigation request is general: only write "divide the common property according to law" without listing the target, and there is no starting point for the subsequent retrieval and preservation.
  • The evidence only talks about personality incompatibility: if the first prosecution does not fall into the legal situation, the probability of divorce is obviously on the high side.
  • The address of service should be filled in freely: the party that fills in should bear the consequences arising from the failure of service, and may also trigger the extension period of the announcement of service.
  • Asynchronous preparation for evidence preservation: By the time the case filing information is served, it is often too late to seize assets at the optimal time.

10. FAQ

Does divorce prosecution have to go to the court of the other party's domicile?

Not necessarily. The general rule is that jurisdiction lies with the court in the defendant’s domicile; if the defendant’s domicile and habitual residence are not the same, jurisdiction lies with the court in the habitual residence. If the other party’s whereabouts are unknown, or if they are imprisoned or have been absent from their domicile for more than one year, jurisdiction may lie with the court in the plaintiff’s domicile.

Can I still file for divorce if my marriage certificate is lost?

Sure. You may obtain the marriage registration records from the original marriage registry or apply for a certificate of marriage registration; such a certificate carries the same evidentiary force as a marriage certificate.

How much court fee is required for a divorce case?

The filing fee is generally charged on a per‑case basis, typically ranging from RMB 50 to RMB 300 per case; where the case involves division of property and the total value exceeds RMB 200,000, an additional fee shall be levied at a rate of 0.5 percent on the amount exceeding RMB 200,000. Those experiencing financial hardship may apply for a deferral, reduction, or waiver of payment.

The first prosecution was sentenced not to divorce, how long can you sue again?

After a judgment denying divorce is rendered, if there are no new circumstances or new grounds, the plaintiff’s subsequent lawsuit filed within six months shall not be accepted. Divorce shall be granted if, after the decision forbids divorce, the parties have been separated for another year and one of the parties sues again.

XI. Practical Insights from a Lawyer

The case filing and registration system addresses whether a case can be filed, but it does not exempt you from the obligation to prepare all required materials. One trip to the service window, plus two or three back-and-forth visits—each one drains your time and patience. Rather than repeatedly asking about the process, it’s better to spend half a day clarifying the checklist first. The first thing is to determine jurisdiction: generally, it is administered by the court of the defendant's domicile, and if the domicile is inconsistent with the habitual residence, it shall be the habitual residence; if there are special circumstances, it may be under the jurisdiction of the plaintiff's location. If you pass it to the wrong court, you will transfer it to the wrong court or return it to the wrong court. It will take several weeks at a time, which will greatly affect the rhythm.

The complaint must clearly set forth the information of both parties, the relief sought, the facts and grounds for the claim, and a list of evidence. The requests should be as specific as possible, with separate items for divorce, child custody and child support, division of property, and any claims for compensation or damages.Identity and marriage relationship materials include both parties' identity documents, marriage certificates or marriage registration records; Involving children, prepare birth certificates, actual support and expenses vouchers; Involving property, real estate, vehicles, deposits, equity, provident fund and other clues as much as possible; If you advocate emotional breakdown or the other party's fault, you should classify the evidence such as alarm, medical treatment, chat and separation according to clues. It’s better to have extra materials than to be short on anything.

We should also prepare the delivery address and contact information, pay attention to the pre-payment and reduction of legal fees, and try to save time by using online channels if you can file a case online. In terms of evidence, keep the original or original carrier, and don't leave only screenshots for electronic evidence to avoid being questioned due to formal problems. If the other party may transfer property, the case before and after the simultaneous consideration of property preservation, don't wait for the judgment to find that there is no money to divide. It is much better to hand over the list to a careful relative and friend to check it for you than to rush to the window.

The efficiency of the filing process depends on whether three things are formed before submission: a complaint stating the specific claim, a set of evidence materials in a catalogue by type, and a list of property clues containing the account number and warrant number. The competent court shall verify clearly before starting the operation, and the defendant's identity document number and habitual residence must be implemented. If minor children are involved, the medical certificate of birth, school status materials and care records shall be included together. If property is involved, it shall be divided into six volumes according to real estate, vehicles, funds, equity, insurance policies and debts. Evidence of emotional breakdown should be organized around legal circumstances, and the first prosecution should not only focus on personality differences. By completing these tasks at once before submission, you can usually save weeks or even months of round-trip time.