In the case that the other party is unwilling to divorce, what should be done to divorce as quickly

Hello, if the other party does not want to divorce, he can choose to divorce by litigation.

Divorce by litigation: Under normal circumstances, the summary procedure should be decided within 3 months of filing the lawsuit, and the ordinary procedure should be 6 months at the latest, and if the second instance is involved, the trial period of the second instance is 3 months. In addition, if the court does not grant a divorce for the first time, the plaintiff will need six months before he can sue again in the absence of new circumstances and new reasons.

Therefore, if the defendant does not agree to the divorce, the litigation divorce may take one and a half to two years, and even longer if it involves auditing and evaluation that are not included in the trial time limit.

Legal basis. Civil Code

Article 1079: If one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 149 of the Civil Procedure Law: A case tried by a people's court applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 161: People's courts applying the summary procedures to hear cases shall conclude trial within three months from the date on which the case is filed.

Article 176: People's courts hearing appeals against judgments shall complete trial within three months from the date on which the second-instance case is filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court.

People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

There are only two ways to divorce, one is divorce by agreement; Rather, it is a divorce by litigation.

Since the other party is unwilling to divorce, then the court can only divorce through litigation.

The quickest way to do this is to have proof that the other person has committed the following acts: cohabitation, bigamy or domestic violence, or abuse or abandonment of family members.

If one of the men and the woman requests a divorce, but the other party does not agree, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. If the court finds that the relationship between the husband and wife has broken down and there is no possibility of reconciliation, the court may make a judgment granting the parties a divorce.

First of all, divorce can be divorced by agreement and litigation, and then because Article 1077 of the Civil Code stipulates: "Within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority." Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

The above law is the cooling-off period for divorce, if one party does not agree, it is not possible to divorce immediately; Therefore, if you want to divorce immediately, you need to file a divorce, and litigation is the most effective way to obtain judicial remedies, which will fully protect the legitimate rights and interests of the parties.

If you sue for divorce, you need to express the reasons for your divorce clearly in the complaint, especially whether the relationship has indeed broken down, or there is no emotional basis, or because the unsuitable parties in married life have affected your life, in short, marriage is based on feelings, if you can't use specific things to prove that your relationship has broken down and can not continue to live, the court may not be able to deal with it as quickly as you expect.

What should I do if the other party is unwilling to divorce? Divorce as quickly as possible, there is no way, you want to think about the fastest divorce, you get the court through the court to give you a decision, you can divorce, this divorce is not a busy thing, you are busy and can't do it, in the case of the other party is unwilling to divorce, the most convenient is to go to the court to sue, the divorce favorable evidence submitted, generally will be successful. But if the other party is unwilling to divorce, I don't think there will be a fast speed, and the divorce can be completed in a few minutes only if both parties agree.

In the case that the other party is unwilling to divorce, the only way to divorce is to choose litigation divorce. If you have evidence that the relationship between the two parties has broken down, you can file a lawsuit for divorce at the first time, otherwise you will have to file a second lawsuit to grant a divorce. In order to sue for divorce for the first time, the following conditions must be met:

bigamy or cohabitation; committing domestic violence or abusing or abandoning family members; There are bad habits such as gambling and drug abuse, which are repeatedly taught; Separated for two years due to emotional discord; Other circumstances that lead to the breakdown of the relationship between the husband and wife.

If the other party is unwilling, then they cannot agree and register the divorce, but you can also file for divorce.

If you want to get a divorce as soon as possible, you should sue as soon as possible, and it is recommended that you appoint a lawyer to handle it and have the court decide to divorce you when you first sue for divorce.

If the other party is unwilling to divorce, if you want to divorce, then there is no fastest only lawsuit, only after discussing with the other party, it is the fastest and the slowest.

Sue or litigate divorce is the only way to do so if one party does not agree, and court decisions are generally relatively slow.

If one of the spouses does not agree to the divorce, the fastest way is to go to court to sue for divorce. If there is a factual basis that your relationship between husband and wife has broken down, then after the people's court makes a judgment, you can get a divorce smoothly.

From January 1, 2021, the Civil Code has been implemented.

Due to the 30-day cooling-off period for divorce, even if the parties negotiate a divorce, it will take 30 days to get a divorce.

The ways to divorce are roughly as follows:

1. If both parties agree to divorce through negotiation, the marriage relationship can be completely dissolved in more than one month.

2. If you can't negotiate, you can only ask a lawyer for help, which may be a long process. Because, it will involve a series of issues such as the ownership of child custody, the amount of child support, the division of joint property, the division of debts, and so on.

3. If it has been confirmed that the two parties do not have feelings, and the court does not approve the first registration of divorce, apply for divorce registration one year later, and the court will approve it.

Combined with the national situation of my country, there are many women and men, I advise all men not to divorce easily.

There may be a lot of restraint around the walls, but there may be more loneliness outside the walls.

Guangdong Zhuoquan Law Firm. Sincerely!

There are two ways to divorce, one is called divorce by agreement; The other is called litigated divorce. Different conditions apply to the two methods, and the procedures are different. Generally speaking, the dispute between the parties is not large, and it is recommended to try to carry out the divorce by agreement, which is low cost and high efficiency, but the divorce agreement has no enforceable effect on both parties (the agreement itself is valid in principle), and it is more common to fail to perform the agreement after divorce.

If the parties cannot reach an agreement through negotiation or mediation, the only way to resolve the matter is through litigation divorce (commonly known as litigation).

In order to protect your best legitimate rights and interests, you need to know more comprehensive and detailed information about the facts of the case. I have a large number of successful cases of this type, and I can provide you with some practical and effective suggestions or solutions to resolve disputes. If he wants a child, you give it to him first, improve his ability after the divorce, and negotiate when he has rich conditions, after all, the child will grow up, and he will choose who he will follow.

If he wants money and you really want a divorce, don't get entangled with bad people and bad things, and make yourself sick more than you lose. If he just wants to drag you, then you can treat him as air, no man wants to face a cold woman.

If you feel that your child is better with you, then work hard to fight for the custody of the child, if you feel that your ability is stupid and filial piety is slightly worse and the child can be more properly taken care of by the father, and the child's father is willing to raise and take care of the child, then you don't have to be too entangled, and you don't have to kidnap yourself maternally. Divorce is only to contact the emotional relationship between two adults, not to sever the parent-child relationship with the child, even if the custody is not in your hands, you are also the legal guardian of the child, when the child needs you, you must rush ahead. Divorce will not make you happier, nor will it make you more sad, divorce is just a choice in life, just like changing jobs, changing cities, whether you can become better depends on what kind of person you are, what kind of life you want to live, and depends on your efforts and dedication.

You can choose to give yourself a buffer period and consider the period to decide whether a real divorce is needed; You can choose to file a lawsuit in court and provide some evidence of your relationship breakdown, so that you can get a quick divorce, or you can choose to communicate and exchange with the other party's parents.

You can tell the other party that even if you don't get divorced, the two of you can't get together and go to Lu Shu to accompany the bird early, you can choose to go to the court to sue, and you can generally sue for divorce and leave quickly.

You should have a good talk with the other party, and you should ask the other party why you are not willing to divorce, and you can choose to sue the other party, so that you can get a quick divorce.