I. What materials are needed for divorce proceedings
1. Certificate of marriage relationship (marriage certificate, household registration book or unit, certificate of neighborhood committee and village committee);
2. Facts or evidence of post-marital feelings and reasons for divorce. If the defendant's whereabouts are unknown, proof of the time and circumstances of his whereabouts shall be provided.
3. The proof of the children's situation, namely: the name, sex, age of birth, living conditions of the children, the description and relevant proof of the children born in wedlock or out of wedlock or adopted children;
4. Where there is savings in the proof of property or economic complaint, i.e. the nature of property, source, invoice, list and creditor's rights and liabilities certificate, the amount, account number, account name, date of deposit, type, holder of bank passbook, etc., or other relevant materials that can be used as proof shall be provided. If the property is transferred, it shall be explained and evidenced, including the economic status of the plaintiff and the defendant and their proof.
5. The nature of housing (public housing, private housing, joint construction of public housing, etc.), household name, area, number of intervals, permanent population, etc.
6. If an active serviceman proposes divorce, he shall also have a certificate issued by the political organ at or above the regiment in which he belongs.
2. What divorce proceedings are not accepted by the courts?
The people's court shall not accept divorce proposed by either party under the following circumstances:
1. Mediation is good, there is no new situation or reason, and prosecution will take place within six months.
Mediation is a necessary procedure for people's courts to hear divorce cases. There are three outcomes of mediation:
(1) After mediation, the parties reconcile, the plaintiff withdraws the lawsuit and the lawsuit ends;
(2) When the parties reach a divorce agreement, the people's court shall prepare a divorce mediation letter in accordance with the agreement. After the mediation letter is served, the legal effect will take place and the marriage relationship will be dissolved thereafter.
(3) If the mediation is invalid, it shall immediately proceed to the next proceeding.
If the mediation is reconciled, there is no new situation or reason, and if the lawsuit is brought again within six months, the people's court shall not accept it.
2. The plaintiff withdraws the lawsuit automatically, without new circumstances or reasons, and prosecutes again within six months.
3. In divorce cases handled by withdrawal, there are no new circumstances or reasons, and they will be prosecuted again within six months. Divorce cases handled by withdrawal include:
(1) When the plaintiff is summoned by summons, he refuses to appear in court without justified reasons.
(2) The plaintiff withdrew without the permission of the court.
(3) If the plaintiff or the appellant fails to pay the fee for accepting the case on time.
(4) The plaintiff's legal agent, summoned by summons, refuses to appear in court without justified reasons.
(5) The legal agent of the plaintiff withdraws from the court without the permission of the court.
Litigation divorce is the same as agreement divorce. In fact, in the process of handling the formalities, the parties are required to provide the corresponding documents or materials. Otherwise, it may affect the final results, leading to the impossibility of dissolving the marriage relationship. At this time, however, we should also note that in some cases, when the parties sue in the court, the court may not accept the situation, the above summarized, you can roughly understand.