What if it s just one party who wants to get a divorce and the other party doesn t

If one party wants to divorce and the other party does not agree, he can go to the court to sue for divorce. If the court finds that the relationship between the husband and wife has broken down, the divorce will be granted without the consent of the other party.

Therefore, as long as the party suing for divorce can provide evidence to prove that the relationship between the husband and wife has broken down, the divorce can be successful.

Legal basis] Article 1079 of the Civil Code provides that if 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, 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.

If one party wants a divorce and the other party doesn't want a divorce. Then the party who wants to divorce can unilaterally go to the court to sue for divorce, and the court will judge whether to support the divorce of both parties according to the prosecution's reasons for litigation, and will not affect the court's judgment because one party "refuses to divorce". According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant department may mediate 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 should be granted. At the same time, according to paragraph 2 of Article 32 of the Marriage Law (Amendment), "the people's court shall conduct mediation when hearing divorce cases; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

This provision shows that after a man and a woman file for divorce, whether or not to grant a divorce does not depend on whether the other party agrees to the divorce, but on the basis of whether the relationship between the husband and wife has indeed broken down and whether the mediation has been invalid.

In fact, in divorce cases, it is not that you want to divorce today, and it is a good thing to divorce tomorrow, you must understand the true thoughts of both parties, if the other party does not want to divorce, you must understand the reason why the other party does not divorce, whether it is a good face, or because you want to take revenge, or you want to divide more property, or you want to have children, or you really want to cherish this relationship, we can not simply deal with different situations, the law stipulates that we should pay attention to mediation, and give the other party one more chance is also to achieve this purpose.