How to write a divorce complaint

How to write a divorce complaint

Text/Lawyer Diao Xing

Word count is not key

In divorce complaints, some people's complaints will be sprinkled with thousands of words, and some people's two pages are too much. A good indictment can guide the direction of the trial and even influence the verdict.

The purpose of the divorce complaint is nothing more than to state the marital experience, strive for a quick divorce, and strive for children and property rights. As long as the goal can be achieved, the word count is not a key issue.

Essentials

In a divorce petition, the factors that must be present include:

(1) Information on the subjects of both the original defendant: ID cards + contact numbers may be copied;

(2) Litigation claims: order the original defendant to divorce each other; which party exercises child custody; how much maintenance is paid, how to arrange the right of visitation; how to divide the property; compensation for moral damage/housework/living compensation (if any);

(3) Facts and reasons: Specifically discuss the marital experience and the basis for supporting the appeal;

(4) Payment: This is addressed to the signature and date of a certain court and the person with the certificate.

Read the object

Our complaint is written for the presiding judge and the other party to see, in writing facts and reasons, we need to accurately grasp the ideas of the two, to arrange the content of the complaint, used to achieve our purpose.

At the court level, the two major directions of the court's judgment of divorce include having the legal factors for judging divorce or the other party agreeing to divorce, and the logical idea of its divorce judgment is that the parties lack full understanding before marriage, the failure to cultivate the feelings of husband and wife in time in the early stage of marriage, the contradictions after marriage, and the possibility of reconciliation of the status quo.

As far as the other party is concerned, we need to first understand the other party's attitude towards marriage, and then find out the difference between our goals and the other party's ideas, and then guide the discussion in the complaint.

Specific methods

Specifically combined with the facts and reasons of the complaint, our divorce complaint has the following method of writing:

Method 1: Time logic method. That is, in chronological order, to specifically state the experience of mutual acquaintance, love, marriage, poor feelings, child support experience, and the formation of property after marriage. Among them, at the level of emotional deterioration experience, contradictions and conflict events can be described according to the ideas of time, place, character, cause, process and result.

Method 2: Classification statement method. That is, according to the three major categories of divorce, children, property and so on to state separately. At the level of divorce, the focus is on the reasons for the determination of divorce; at the child level, the advantages and disadvantages of the two parties can be listed, and the level of custody and maintenance can be compared to determine who the custody rights belong to, the level of maintenance, and the basis for the amount of the appeal according to the actual monthly telephone bill of the child, daily living expenses, etc.; at the property level, one by one, according to the type of property, such as real estate, state the time of acquisition of the property, registration, address, whether there is a loan, current value, etc.

Method 3: Total-Score-Total Discourse Method. That is, the conclusion is stated first, and then the support basis is discussed separately, and then the method of summary is carried out. For example, with regard to the issue of divorce, it is generally true that there is no possibility of reconciliation in this marriage, and the court is implored to grant an immediate decision of divorce. Points: Basis 1: Lack of understanding between the two parties before marriage, separation for two years due to emotional incompatibility after marriage, etc. Total: The marriage already has a statutory separation factor, and the court is implored to grant the divorce.

Method 4: Factor doping method. This practice mainly acts on the situation that the other party refuses to divorce, and first lists the advantages and disadvantages of the other party, the points of appeal and the points of containment. For example, if the other party has an antisocial personality, in order to make the other party make up his mind to agree to divorce, he can integrate the skills of getting along with the antisocial personality into the writing skills, so as to guide the other party to quickly agree to the divorce.

Of course, the above methods are only a simple list, and multiple combinations can also be made. Unhappy marriages are different, and the writing of divorce complaints needs to be customized according to your own situation, and you must not copy the template.

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