What are the procedures for divorce litigation? Do you need a residence permit for remote divorce

As we all know, there are two ways of divorce, one is divorce by agreement and the other is divorce by prosecution. The former is also known as two willing divorce or registered divorce. In China's marriage law, it is called bilateral voluntary divorce, which refers to the divorce way in which the marriage relationship is dissolved due to the consent of both parties. The latter refers to a divorce system in which the husband and wife can not reach an agreement on whether to divorce or the division of property, the sharing of debts, the upbringing of children and other issues, and Sue in the people's court. After hearing, the people's court terminates the marriage relationship through mediation or judgment. In real life, if the two sides fail to reach an agreement through consultation, they need to sue for divorce, but sometimes people are not in the place of marriage registration, which is inconvenient to deal with. Does it need a residence permit to sue for divorce? What are the procedures for litigation divorce? Next, Sichuan LUZHENG law firm Xiaobian has sorted out relevant knowledge for you. Welcome to read!

If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's Court of his habitual residence. Therefore, the plaintiff needs to obtain the defendant's residence permit to prove that the divorce case is under the jurisdiction of the people's Court of the defendant's habitual residence. If one party requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

You may not know much about the procedure of suing for divorce. Let's talk about the procedure of suing for divorce:

Litigation divorce is divided into three stages: prosecution, trial and judgment.

1. To sue a divorce case means that one party to the marriage relationship makes a request to the people's court to dissolve the marriage relationship with the other party according to law. The party suing is the plaintiff, and the party sued is the defendant. After the litigation begins, the parties enjoy litigation rights and undertake litigation obligations according to law.

The people's court decided to accept the case, and the divorce proceedings began immediately.

2. Trial refers to the sum of all investigation work done by the people's court after receiving a lawsuit, starting the litigation procedure and before making a judgment. According to the provisions of China's civil procedure law, the trial is divided into three stages: pre-trial preparation, mediation and court hearing.

3. According to the court trial, the judgment shall be mediated again. If the mediation fails, the judgment shall be pronounced immediately. All judgments pronounced by the people's courts shall be made public. If a judgment is pronounced in court, the written judgment shall be served within 10 days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced.

The first instance procedure of divorce case is over. If the parties are not satisfied with the judgment, they may appeal to the court at the next higher level for second instance proceedings.

The above is the question of whether you need a residence permit to sue for divorce in different places and the relevant contents of the general procedures to sue for divorce. Thank you for reading and hope to help you!