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Anonymous users2024-02-06No. If one party does not want to divorce, he or she may file a divorce lawsuit with the court of the district where the other party's household registration is located, or the court of the district where the other party habitually resides.
Marriage Law: Article 31 Where a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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Anonymous users2024-02-05The first lawsuit is likely to be settled by the court mediation and the divorce will not be allowed, then the divorce lawsuit needs to be filed again six months after the mediation, and the probability of divorce is high, but not necessarily 100%.
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Anonymous users2024-02-04Legal analysis: In the case of divorce by litigation, if one party does not agree, the other party may file a lawsuit for divorce with the people's court, and it is necessary to prove that the relationship between the husband and wife has indeed broken down, and the people's court will sentence the husband and wife to divorce after the mediation of the people's court is invalid.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where 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, the 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 raises a fee to destroy the divorce proceedings, the divorce shall be granted. Where, after a judgment by the People's Court of the People's Republic of China not granting a divorce, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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Anonymous users2024-02-031. Can one party leave if one party does not agree to divorce by litigation?
1. Divorce is possible. Where one of the spouses requests 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 been confirmed to have broken down and mediation is ineffective, the divorce shall be granted.
2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.
In any of the following circumstances, it shall be deemed that: If one party insists on a divorce and the mediation fails, the divorce may be granted in accordance with the law
1) One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sexual intercourse for other reasons, and it is difficult to **;
2) Lack of understanding before marriage, hasty marriage, failure to establish a relationship between husband and wife after marriage, and difficulty living together;
3) Concealing mental illness before marriage and not being cured after marriage, or marrying the other party before marriage knowing that the other party is mentally ill, or where one party suffers from mental illness during the period of living together as husband and wife, and it cannot be cured for a long time;
4) One party deceives the other party, or falsifies or deceives the marriage registration;
5) After the two parties have completed the marriage registration, there is no possibility of reconciliation;
6) Arranged or bought or sold marriages, where one party files for divorce immediately after marriage, or where they have lived together for many years, but have not yet established a relationship between husband and wife;
7) Where they have been separated for 2 years due to emotional discord and there is no real possibility of reconciliation, or where they have been separated for 1 year or more after a people's court has ruled that divorce is not permitted, and they do not perform their obligations as husband and wife;
8) Where one party or cohabitation with another person, and there is still no sign of repentance after education, the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court has ruled that divorce is not allowed, the party at fault sues for divorce again, and there is truly no possibility of reconciliation;
9) Where one party is bigamy and the other party files for divorce.
2. What is the relationship between parents and children after divorce.
1. After divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
2. If one party to the divorce does not agree, if there is bigamy or cohabitation with others, separation for two years due to emotional discord, etc., and the court finds that the relationship between the husband and wife has indeed broken down, the divorce can still be obtained.
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Anonymous users2024-02-02[Legal Analysis].: The party suing for divorce does not agree to the divorce. The law stipulates that if one party has bigamy or cohabitation with another person, commits domestic violence, gambling or drug abuse, or has been separated for two years due to emotional discord, if the court mediation fails, if the relationship between the two parties has indeed broken down, the divorce will generally be granted to both parties.
The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or where the people's court finds it truly necessary to accept the husband's request for 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 initiate divorce proceedings in the people's court.
People's courts hearing cases of divorce fraud 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 1082:The husband must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy, except where the woman files for divorce or the people's court finds it truly necessary to accept the man's request for divorce.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about the question or the question, it is recommended that you organize the relevant information and communicate with a professional in detail.
If one party does not agree to divorce, the divorce method adopts the form of litigation divorce, and the specific operation process is as follows: 1. Court mediationAccording to the laws of our country, if one of the men and women requests a divorce, and the other party does not agree, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. When the people's courts of our country hear a case where one party does not agree to divorce, it shall first conduct mediation; 2. The court decides that if the court finds that the relationship between the husband and wife has indeed broken down and there is no possibility of reconciliation, the court may make a judgment granting the parties a divorce.
Now it is the woman who files for divorce, and there must be reasons for divorce, and the simplest is the breakdown of the relationship. Even if the woman is not having an extramarital affair, she is not entitled to compensation. Your buddy doesn't have to care about her at all, divorce, one is to go to the Civil Affairs Bureau to agree on a divorce, and ask your buddy to agree; One is to go to the court to sue for divorce, if she can't find out your buddy's fault, such as extramarital affairs, etc., the court will not support her request.
Oh, it's very similar to the situation with Shu, well, 、、、 Shu thinks, , persuade and don't dissuade, but Shu thinks that there is no hope of reconciliation in this family, Maybe separation is a good solution, right, and Yu has grown up, and he should be able to take care of himself and take care of his mother >>>More
First of all, you have to make sure that the man you love is a good man, can give you happiness, give you the kind of future, you have been married, what is a man like, you should have the consciousness to see through it at a glance, get along for a while, really feel that he has no problem, thinking about marriage, his parents' problems, if you are not sure whether he is a good man, just consider getting married, too hasty, make sure he is a good man, and then treat him with your heart, love him well and believe in him, let him deal with his parents' affairs, Then you find a suitable opportunity to go to his house to formally visit his parents, explain why you are divorced, communicate with your feelings for him and your parents, be polite and qualified, let your object say more good things about you, praise you more, as long as you are not beaten out, you can go again, and then go often, cook, work, make the old man happy, buy more gifts, and so on The relationship is good, take the children to them, and enhance the relationship with them, I don't know how old your child is, you must educate well, so that he does not embarrass you. This is a very long and somewhat aggrieved process, you must see through the man next to you, feel that there is a problem, don't be accommodating, wronged yourself, it is enough to make a mistake in marriage, and then it is your problem. >>>More
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