Checklist for Filing a Compliant
Before filing a case, a lawyer should first check whether the following work is completed:
1. A list of properties of both parties has been checked and evidences supporting them have been collected.
2. Child custody related evidence collection is completed.
3. Evidence regarding marriage breakdown or evidence against it is completed.
4. Evidence collection regarding the other party’s fault is completed.
5. A property preservation application is completed (if necessary).
6. The complaint has been signed by client personally, it worth to know that the complaint should be signed by the client himself for divorce cases,
7. A list of pre-marital properties shall be prepared if needed.
8. Strategy for divorce litigation is discussed with the client.
9. The competent court with jurisdiction for such filing is ascertained, filing procedure and related requirements are reviewed.
10. Litigation fees and related costs are required.
11. If the client is a foreigner and if the power of attorney is not notarized or authenticated, the client shall be present in the court at the time of filing.
12. If there is a possibility that the defendant may leave China, which may adversely affect the proceeding of the trial, the lawyer shall make sure the application for restricting the defendant from leaving the country be prepared when filing the case. If the lawyer applies to restrict the defendant from leaving the country, he/she should submit a written application and state the applicant's basic information, the reasons for applying for the restriction on leaving China and submit the necessary relevant evidence as well as the deposit fee.
13. At the time of filing, if compensation for mental distress is required, the following things should be considered:
1. Such claim shall be raised by the non-fault party concurrently with the complaint if the provisions of article 46 of the Marriage Law are satisfied.
2. If the right of such claim of mental distress compensation is held by the defendant and the defendant disagrees with the divorce and does not file a request for compensation for damages based on the provisions of article 46, the defendant as a non-fault party may file a separate lawsuit within one year after the divorce.
3. If the non-fault party fails to raise such claim at the first instance, but raised this during the second instance, the people's court would only mediate for such claim, if such mediation does not work, the non-fault party can only file for such damages claim by a separate proceeding.
