Checklist Before Filing for Divorce Litigation
Before filing a case, a lawyer may examine whether the preparation of the case is sufficient by checking the following aspects:
(1) The working time of the competent court for filing a case, whether all the materials needed for filing are prepared and whether the client understands the general process of the case filing system.
(2) Whether the documents required for filing the case are fully prepared, whether the complaint and authorization formalities have been signed by the client personally;
(3) To decide with the client whether it is necessary to initiate the procedure for preservation of property or the preservation of the evidence and whether the preparation of the relevant information is completed.
(4) Whether the relevant evidentiary materials, in this case, have been reviewed and collected, whether the list of evidences and photocopies of evidence have been submitted to the court according to the requirements of the court;
(5) Whether the list of personal properties of the parties and the list of the common properties of the husband and wife have been prepared;
(6) Whether the divorce litigation strategy has been agreed with the client;
(7) Whether the litigation fees and costs have been prepared by the client;
(8) Other work that should be prepared shall also be completed.
After filing a case, the lawyer should inform the client promptly, and relevant legal documents such as the notification of the case, the notice of the action, the original of the payment bill, the notification of the proof and all other related legal documents shall be provided to the client if necessary.
As defendant's attorney, after receiving the copy of the complaint and the notice of proof served by the court, the lawyer may first analyze whether the court has the proper jurisdiction over the case and the lawyer may discuss with the client whether to move for an objection of the jurisdiction.
When a lawyer representing the defendant, the client should be informed in details about the case in a timely manner, the defendant's opinion shall be collected, the lawyer may also discuss with the client about when to submit the answer to the court.
As the defendant's attorney, the lawyer should actively investigate and collect relevant evidence and prepare an evidence list according to the circumstances of the case, if it’s necessary to ask the court to collect evidence, the lawyer shall also prepare the application in compliance with the court’s requirement.
