One party sued, but the other dragged on? You must know these things before suing for divorce!

For some couples who want to divorce, they generally hope to divorce by agreement. After all, this is the most direct and easy. They won't go to litigation for divorce unless they have to. However, many people still have some questions about litigation divorce, or sometimes they may ignore some things. By the way, let's have a look, What is the general process of suing for divorce?

1. How to choose the court of acceptance?

If you are ready to sue for divorce, you must first choose the defendant (the other half) to have a court of residence or a place of registered residence where the residence is located. If the registered residence and the place of residence are inconsistent, the main place of residence is the place where the residence is frequently occupied.

Because there are couples in different places in life, some parties do not know where to sue for divorce at this time.

So for such couples who want to sue for divorce, they can choose where to sue for their divorce and registered residence.

2. What you need to do before you sue

After determining the court, you also need to prepare these materials: divorce indictment, household register, ID card, marriage certificate, child birth certificate, ID card, etc.

In addition, you need to provide evidence that can prove the breakdown of the relationship between husband and wife, such as domestic violence, cheating, etc.

If you have more and more complex common property, you also need to provide real estate certificate, motor vehicle registration certificate, bank deposit certificate, company industrial and commercial registration information, etc. After the materials are ready, submit the materials to the court, review, pay fees and complete the filing of the case（ If a lawyer is entrusted, the lawyer can sort out the materials to see whether they are ready for improvement)

3. Wait for the hearing after filing the case

After filing a case, the judge in charge of your case will call to inform you when to come to the court for mediation or hearing.

Generally, before the formal hearing, the host judge will call both parties to the court for mediation to see whether they can make up or break up amicably.

However, for pre-trial mediation, most courts will solicit the opinions of both parties. If one party clearly indicates that it is not willing to accept mediation, the judge will omit this link and directly enter the trial procedure.

4. Court session

The plaintiff and the defendant shall be present at the hearing time.

Here we should pay attention to such a problem.

If some couples want to divorce and one party sues, they will encounter the situation that the other party refuses to appear in court, or delays and postpones the court session.

Before, our marriage lawyer met another client. She wanted to divorce, but the man never came back. He sued once before, but the man never came back. The court also said that it would postpone the hearing until the man came back.

For this point, the parties do not understand why the other party can request to postpone the hearing?

In fact, China's laws have relevant provisions.

Under any of the following circumstances, the hearing may be postponed:

（1） The parties and other litigation participants who must appear in court fail to appear in court for justified reasons（ 2） The party concerned applies for withdrawal temporarily（ 3） It is necessary to notify new witnesses to appear in court, obtain new evidence, re identify or conduct inquest, or it is necessary to conduct supplementary investigation（ 4） Other circumstances that should be postponed.

However, here we need to see whether the other party's reason for applying for delaying the hearing is reasonable.

In addition to applying for a postponement of the hearing for legitimate reasons, generally speaking, the other party needs to appear in court.

If the man does not appear in court to participate in the trial after signing the materials, the court may conduct the trial in absentia according to the materials submitted by the plaintiff. Even if the man does not appear in court, the court may make a judgment.

The following points should be noted:

(1) In general, if a divorce case is tried in absentia, the court only deals with the part of marital relationship, and issues such as property division will not be dealt with at the same time, so the plaintiff needs to file a separate lawsuit（ 2) In practice, because divorce cases involve the personal and family relations of the parties, if the man is absent, it is difficult to find out the facts of marriage. In this case, the woman has to bear more burden of proof to prove that the relationship between husband and wife has been completely broken. Therefore, the court will not easily apply the default judgment（ 3) If the man fails to appear in court or sign the court summons, the court must serve it through the announcement procedure. If the man fails to appear in court after the announcement period, the court may make a judgment by default.