Divorce and Divorce ??In China, there are two forms of divorce: 1 divorce; 2, divorce proceedings. "Marriage Law" LAM: "both parties desire a divorce, granted a divorce. Both parties must apply for a divorce the marriage registration office. Marriage registration office, the two sides are indeed willing to identify their children and property issues have been adequately addressed, the fat to the divorce certificate. "refers to the divorce. "Marriage," the thirty-second article: "a party requests a divorce, men and women, concerned may carry out mediation, or divorce proceedings directly to the people's court" means the divorce proceedings. Refers to unilateral divorce proceedings the couple filed for divorce, the other party does not consent or agree to a divorce despite both sides, but the division of joint property or child support, education and other issues not reach an agreement, divorce litigants can be submitted to the People like divorce, courts usually take after receiving two ways: First, divorce mediation, the parties refer to divorce mediation in court on property division, child support and other issues agreed to approve the divorce court and produce Civil Divorce Mediation books, as a legal instrument of divorce parties. Second divorce, is the people's court in case mediation fails, the specific circumstances of the divorce cases on the jointly owned property and to divorce such as child support. ????The divorce and divorce proceedings, the parties how to choose? 1, Civil Affairs easy divorce proceedings, the parties may be considered first. But the divorce agreement is a prerequisite both sides agreed to a divorce, and on child support, property division, debt obligations and other issues must all agree, otherwise the building with the agreement not go through a divorce. ???According to "Marriage Registration Ordinance" Article Mainland residents voluntarily divorce, both parties shall co-location of permanent residence to a party the marriage registration department for divorce registration. Article divorce registration Mainland residents shall provide the following documents and evidence: (A) of my booklet, identity cards; (B) my marriage certificate; (3) The parties signed the divorce agreement. Divorce agreement shall set forth the meaning of the parties wish to divorce and the custody of the children said, property and debt deal with matters such as consensus. ????Visible, divorce agreement is agreed upon rights and obligations of both a basic instrument is both a protection of the rights of these problems with its complexity, if not handled properly, will cause unnecessary disputes or even the lives of significant future effects, the parties signed the agreement divorce divorce agreement, it should hold a cautious attitude should be taken seriously enough, must not act in haste, should seek professional legal services, if necessary the best professional divorce attorney, please check . ????To note that although the divorce agreement is different from the ordinary civil contract, but the signing of a legally binding on both parties equally. Supreme People's Court on the application of "The People's Republic of China Marriage Law," Interpretation of Several Issues (2) clearly stipulates: "Article VIII of the divorce agreement on the terms of the division of property or the division of property in court for divorce on the agreement, legally binding on both parties . the parties to fulfill the above-mentioned result of the division of property litigation involving the dispute, the court should be accepted. Article both men and women within one year after the divorce division of property issues go back on, the request to modify or revoke the division of property agreement, the people's court shall accept. People After hearing the case found no division of property entered into an agreement of fraud, duress, it shall dismiss the claims of the parties. "law is divorced from the procedural safeguards agreement the parties have the right to go back on the agreement, but unless one party can provide sufficient evidence to prove that was coerced, fraud, gross misunderstanding and so on under the auspices, under normal circumstances the court will not readily support the revocation of the requested party. ????So the divorce agreement, should be very cautious, the best lawyer checks, such as not to miss housing subsidies, housing provident fund, pension insurance, intellectual property, internal equity card the calculation of tangible and intangible property, increase the hide, transfer of property in the future penalty clauses, specifically the payment of maintenance mode and time limit for exercising the right of way clear to visit time and way of economic help, damage compensation payments and so on, to avoid complications remain. ????However, a drawback is that the divorce agreement, although the two sides reached a divorce agreement, but if one party does not trust and do not perform according to contract obligations in the agreement, divorce papers do not have the enforceability of the parties needs to bring a civil action to the court, request the other court agreement on its content. ????Second, a party requests a divorce, divorce court proceedings can only choose Separated from a spouse, or may agree to adhere to divorce, child support or property but fail to reach agreement, separate, divorce only through court action. In addition, the spouses divorce, the parties may also go directly to court. 1, the filing must provide the prosecution of material: (1) civil complaint in duplicate (2) copy of marriage certificate (3) ID card copy of the plaintiff (4) has purchased real estate license or certificate copy of house lease, a copy of personal motor vehicle driving permit (5) an inventory of property, including property name, value, quantity. ??????(6) Other evidence ????2, the filing and hearing process Prosecution of the parties to submit materials, to pay costs. People receive the complaint, it shall within 7 days of Court, and notify the parties and determine the period of proof, general procedures for a period not less than 30 days of evidence, the burden of proof on summary period may be less than 30 days, and accredited within 5 days from the date complaint send a copy of defendant. Defendant within 15 days of receipt of defense. People receiving the defense, within 5 days from the date of the respondent send a copy of the plaintiff. The defendant did not submit a defense does not affect the court hearing. People (in Beijing, for example, Beijing district court generally 10 days from the date of filing -20 days) to determine the date of hearing, it shall notify the parties in the hearing on the 3rd. Regular session. Court, shall conduct the mediation, the mediation is unsuccessful, ruling according to law. ???3 proceedings. (1) If both parties agree to divorce, the court also asked both sides to apply the same summary divorce proceedings, the court may then also be another judge presided over a relatively short time of about mediation, mediation agreement signed by both parties on the spot in the divorce court mediation book After the verdict has the same effect with the effect of one party shall not repent. Beijing, for example, Beijing district court procedures are simple convenience, Fengtai District Court also unique holiday launch of convenience the court Sunday to facilitate the parties to a divorce. ???(2), strongly disagreed divorce if one party or child custody and property division are more controversial, generally applicable to summary divorce cases, jurisdiction limits placed on file for the date from 3 months concluded; More complex cases, the ordinary procedure, jurisdiction limits for the self-accredited within 6 months from the date completed. There is a specific extension, approved by the president of the court, may be extended for 6 months; further extension, reported to the higher people's court approval. ???(3), appeal procedures (which is not every case a necessary procedure, especially for a divorce case) An appeal against a first instance verdict, the verdict should be delivered within 15 days from the date up a people's court appeal. Appeals should be submitted on the petition. The trial court should be made on the petition, submitted a copy of the appeal fee at the same time prepaid. The trial court received the petition, shall, within 5 days of the appeal petition, serve a copy of the other party, the other party received within 15 days from the date of pleadings, court pleadings shall receive, within 5 days from the date a copy of the appellant, the other party does not reply does not affect the court hearing. The trial court received the petition, pleadings, shall, within 5 days along with all the case files and evidence submitted to the court of second instance. Second instance court on appeal, shall form a collegial bench trial. Full Court saw no need to hold a trial, also can be heard in writing, may directly judgment. People's Court on the decision of the appeal shall be the date of filing in the second instance within 3 months of the conclusion. There is a specific extension, approved by the president of the court. Second instance court decision, ruled that a final decision, ruled that the parties can not appeal. ???(4) retrial procedure (majority of divorce cases do not involve) If a party has a legally effective decision, ruled that, within two years, that is wrong, may the trial court or on a people's court for retrial, but do not stop the judgment's execution. Does not provide for jurisdiction limits. If a party has a legally effective decision on dissolution of marriage shall not apply for a retrial. ???(5) six months after the re-prosecution. According to the "PRC Civil Procedure Law" first °ÙÒ» 11 People's Court found this law to prosecute the 108th section, must be accepted; on the following prosecution of cases, respectively, to be addressed: (7) judgments are not allowed to divorce and mediation in a divorce case, ruling, conciliation cases of adoptive relationship to maintain, no new circumstances and new grounds, the plaintiff has prosecuted within six months, not be accepted. ????If not leave the court for a trial, insisted the divorce on the party, a party only after the verdict again in six months after the commencement of prosecution, the same procedure to go through more. ????Civil action, "he who evidence" the evidence is critical, evidence bearing on the success or failure case, in some ways, a lawsuit to that of evidence! Who proof can not, will take on the consequences of losing even its own detriment. Court proceedings should be carefully prepared in accordance with the evidence, the exchange of evidence before court, ingeniously clever cross-examination in court, each party is need to seriously, very seriously, has the best effect of litigation ! Friend and brother is priceless, Rush, when love has become the past, when the two sides is best to choose more rational approach, friendly break up, to avoid protracted v. tired; but when litigation is unavoidable, in whatever circumstances, to hire professional lawyers to fully prepared to collect evidence, and actively responding to formulate the best legal strategy has become the party choice! ????The choice of divorce, or divorce proceedings, according to the specific circumstances of the case itself and the set!