I. What are the matters needing attention in divorce proceedings
The litigation materials, such as identity cards, pleadings and original evidence, must be brought with them. Courts generally let the parties to make statements, the best premise is to write well, while watching the court session, while saying. Because the plaintiff and the defendant are in different angles, the prepared statements are also different. As a plaintiff, when making a statement, we should try our best to clarify the manifestation of the couple's emotional breakdown and the factual statement, with relevant examples. As a defendant, we should try our best to focus on the couple's emotions, not to break up, lay the facts and reason. Do not emphasize that the statement of one point of the other party is not true, but should grasp the overall direction, not be "led by the nose" by the other party, into the passive litigation.
In the debate stage, listen to the other party's statement must be focused, not for the other party's inappropriate words dizzy. If the other person says something wrong, take a note and listen down. When refuting, we should systematically revolve around our own opinions. When many parties reply, they often correct each other's mistakes one by one as the outline of the debate. In fact, this is not appropriate. They should have their own ideas and not follow the other's arrangement in order to avoid falling into the trap of the other party.
2. What is the procedure for hearing divorce cases
As in general civil cases, divorce proceedings can also be divided into three stages: preparation before trial; trial at court; and judgment.
Opening trial refers to the whole process of hearing a case by a court set up in a court or other suitable place after the people's court has completed the preparatory work before the trial. Court hearing is the stage in which the collegial panel conducts substantive trial of the case. The main ways are public trial and non-public trial. General civil cases are based on the principle of public trial and supplemented by non-public trial. In accordance with the provisions of Article 120 of the Civil Procedure Law, the people's courts shall hear civil cases in public, except those involving state secrets, personal privacy or other provisions of the law. Divorce cases, involving business secrets, may be heard in private if the parties apply for a non-public hearing. From this we can see that divorce cases are generally heard in public, but if the parties apply for a non-public hearing, they can be heard in private, and their decision-making power lies in the people's court. The reason why the law stipulates that "if a party applies for a non-public hearing, he may not hear it in public" is that the divorce case has its own particularity. In the trial may involve personal privacy, emotional content that is unwilling to be made public. Therefore, if a party applies for a private hearing, the court will generally allow it.
In handling divorce cases, the people's court shall notify the parties and other litigant participants three days before the opening of the court session. Where a public hearing is conducted, the name of the party concerned, the cause of the case and the time and place of the hearing shall be announced. The announcement may be posted on the bulletin board of the People's Court or in public places or in the place of residence and work units of the parties concerned.
Before the hearing, the clerk shall ascertain whether the parties and other litigant participants are present in court and announce court discipline. Before the hearing, the presiding judge shall check the parties, announce the cause of the case, announce the list of judges and clerks, inform the parties of their relevant litigation rights and obligations, and inquire whether the parties have applied for withdrawal.
After the preparatory work before the trial is completed, the court enters the stage of court investigation. Court investigations are conducted in the following order: (1) statements by the parties; (2) informing witnesses of their rights and obligations, witnesses testify, and reading out testimony of witnesses who are not present in court. (3) Presentation of documentary evidence, material evidence and audio-visual materials; (4) Reading of appraisal conclusions; (5) Reading of investigation records. The parties may present new evidence in court and, with the permission of the court, may question witnesses, expert witnesses and investigators.
After the court investigation, it was a court debate. The court debates are conducted in the following order: (1) the plaintiff and his agent ad litem speak; (2) the defendant and his agent ad litem reply; (3) mutual debate. At the end of the court debate, the presiding judge shall solicit the final opinions of the parties in accordance with the order of plaintiff and defendant.
After accepting divorce cases in accordance with the law, people's courts often try them in strict accordance with the provisions of the Civil Procedure Law. At this time, mediation must be made first. If mediation is invalid and the legal situation in the Marriage Law is satisfied at the same time, husband and wife will be allowed to dissolve their marriage relationship. Therefore, if one party goes to court to sue for divorce, even if there is no reconciliation or mediation, the divorce will not necessarily end up being sentenced to divorce.