The documents required for filing a case for divorce
The documents required for filing a case for divorce
If a couple fail to reach a divorce agreement and have their marriage deregistered at a civil affairs authority, and either spouse or both spouses insist on a divorce, they need to file a case for divorce with a court of competent jurisdiction.
The following will be required for filing a divorce case.
1. A complaint, including:
a) the personal information of each of the plaintiff and the defendant, including but not limited to name, sex, date of birth, ethnic group, nationality (in the case of a foreigner), address of domicile, number of ID card or visa (in the case of a foreigner), telephone number, etc.;
b) claims and reliefs sought, including but not limited to requesting the court to make orders to terminate the marriage relationship, regarding child custody and support, spousal assistance where necessary, etc.; (Note: No spousal support is provided for under the law of the PRC)
c) the facts and reasons as the basis of the claims, including but limited to a brief introduction of the history of the relationship between the spouses, the personal information of their children, if any, a brief statement of and the reasons for lack of love affection between them, and other necessary facts and information.
d) closing, including the name of the court, and signature and date.
2. ID documents of the spouses
Such documents include each spouse’s ID card (or visa in the case of a foreigner), marriage certificate, household certificate, etc.
Other documents as evidence may be submitted together with the complaint or within the specified period for adducing evidence, including but not limited to property certificates, vouchers, papers, etc., child’s birth certificate, proof of lack of love affection, etc.
It should be noted that duplicates of such documents and evidence are required when you apply to register your divorce case at the court, and their originals must be presented in court during the hearing.
It should also be noted that the plaintiff must be present in person when applying for registration of a divorce case, and both the plaintiff and the defendant must be present in person in court, whether for negotiation, mediation, or hearing.
Robert Zhang 
Steve Li 