What to do if the man doesn t want to divorce, what to do if the man doesn t want to divorce

Then go to court and sue for divorce.

If a divorce is to be sued, article 32, paragraph 2, of the Marriage Act provides that "if the relationship has indeed broken down and mediation fails, the divorce shall be granted". Therefore, "the relationship between the husband and wife has indeed broken down" is the legal ground for the court to decide whether to grant a divorce in handling divorce disputes.

However, this "relationship has indeed broken down" is difficult for the court to determine, so it generally uses five legal grounds for divorce: 1. Bigamy or cohabitation with another person who has a spouse.

2. Committing domestic violence or abandoning a family member.

3. Those who have bad habits such as gambling and drug addiction that they have repeatedly been taught.

4. Those who have been separated for two years due to emotional discord.

5. One party is declared missing and the other party files a divorce lawsuit. Otherwise, mediation.

If there is no above situation, then you go to the court to sue for divorce, and the court will generally mediate first, and if the mediation fails, it will generally rule that the divorce is not allowed and your claim is rejected. Then you can't file a lawsuit again with the same reason within half a year, and then you sue for divorce after 6 months, and the general court will rule on the divorce, if the divorce is not awarded, then mention it a few more times, and the court will grant a divorce, but such a divorce lawsuit, if it is fast, it will take more than a year, and if it is slow, it will take two or three years. The problem of the child is that the man does not have a job and seems to be unable to support him, so you have the advantage of fighting for custody of the child.

Direct separation, after 2 years of separation, the court will sentence the relationship between the husband and wife to break down and divorce. But you'd better not get married for 2 years. This is an extreme way, and the normal way is to ask for help from the Women's Federation, so that the people of the Women's Federation can take back your things and protect your own legitimate rights and interests.

Directly sue the court for divorce on the grounds of relationship breakdown.

If the husband does not want to divorce, the party who requests the divorce can directly go to the court to file a lawsuit, and the court will hear and make a judgment. However, whether the court will grant a divorce depends on the specific circumstances of both parties. The law stipulates that if one party commits bigamy or cohabitation with another person, commits domestic violence, or abuses and abandons family members, takes drugs and gambles, or separates for two years due to emotional discord, and the mediation fails, the divorce shall be granted.

However, if the other party is an active military member, the consent of the military spouse is required at the time of divorce.

[Legal basis].

Civil Code of the People's Republic of China Article 1079 Where one of the husband and wife 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, He Hail shall be granted a divorce:

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.