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Under what circumstances can a husband and wife request a divorce? According to the husband and wife who marry and form the same family and live together in the same family, they should respect and understand each other and support each other to maintain the sustainable development of their married life, but once the relationship changes, it is difficult to reconcile, and the parties are unwilling to maintain the relationship between the husband and wife, the husband and wife may divorce by agreement in accordance with Article 1049 of the Civil Code, and if the parties cannot reach an agreement, they may also request the court to grant a divorce and dissolve the marriage relationship between the parties when there are legal reasons under Article 1052 of the Civil Code. In the case of a divorce in the nature of a formation lawsuit, that is, to terminate the marital relationship of the husband and wife by the judgment of the court, one of the spouses who wants to divorce must be the plaintiff, and the other party who does not agree to the divorce must be the defendant, asserting that the marriage has the cause of Article 1052 of the Civil Code, and attaching relevant evidence to request the court of competent jurisdiction for judgment.
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Legal Analysis: Through Divorce Proceedings. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court based on the statutory reasons for divorce, and the people's court makes a judgment on whether the marital relationship is maintained or not.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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 cases of divorced marriages 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.
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A divorce lawsuit may be filed with a people's court, and the people's court will make a judgment.
Article 1079:[Divorce by Litigation]Where a husband and wife request a divorce, the relevant organizations 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 Qinglu mediation is ineffective, the divorce shall be granted.
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Divorce is a matter for both parties, and it can be taken voluntarily, in the case that one party makes it difficult for the other party to refuse to divorce, then he should choose to sue the other party with the law, because only when both parties agree can they handle the case of disagreement, the law is needed.
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If you want a divorce and the other party refuses, then you can go to the court and file a lawsuit, so that there is a court to divorce, first of all, mediation If the mediation fails, you will laugh and have a letter court to rule on your divorce.
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If the other party refuses to do so when the divorce is disagreed, I don't think it's too anxious, this kind of thing will be very exciting for anyone, and they will not agree. After all, two people are used to living together, and when they suddenly say that they want to divorce, they must be unwilling and refuse in their hearts. Wait a minute.
Rough orange slowly replied to him. Tell him why.
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Then it depends on why you want to divorce, if the other party refuses, it means that the other party still has feelings for you, you two have to sit down and think about it, if you have no feelings, he doesn't want to accept the divorce, then you will sue for socks.
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What should I do if I want a divorce and the other party refuses? If the other party refuses, you can't leave the temporary burning bump and tumble, and you will be given the rest of the skin for a while, and if you can't leave, you have to wait until you have no feelings and have been separated for more than six months.
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There are two ways to divorce, one is to divorce by agreement, and the other is to sue you in court, in this case, the only way to divorce is to go to the court and file a lawsuit directly.
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The court sues for divorce, and one party does not agree to sue in court, and there is no other way to divorce.
You don't need to say much, just say things you care about, often say that you used to be happy together, representative words, say something natural, or do something that can make him remember the things between you, and he can't let go.
It's a very profound question, and it's worth thinking about.
Others say persuasion and don't discourage, but I think if two people don't have a common language together, they should let go. And you say that you regret it, which proves that you don't want to continue living with him at all, which is a burden for you, but it is not very clear to your husband. Should you communicate with him first, if it is simply the reason why you should be separated, you should think carefully, and finally if the marriage really can't go on, you should also get together and disperse, so as not to leave a lifetime shadow for your children. >>>More
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