Is the passage of the cooling off period for divorce another harm to the person who has been subje

I don't think it's another kind of harm, because this kind of family rarely divorces through normal means.

As the divorce rate continues to rise, the state has introduced a divorce cooling-off period policy this year, hoping to help some people who divorce because of impulse to calm down. However, there are many people on the Internet who think that this kind of policy is another harm to the person who has been subjected to domestic violence, but I think it should not be counted.

There are many couples in life who divorce due to impulse, and the cooling-off period for divorce is mainly to hope that these fathers can carefully consider their marital status. I have a friend who divorced due to impulse, and the two have been married for just over half a year, and their lives have not yet entered a perfect state, and they often start to quarrel because of some small contradictions. quarreled back and forth, when both of them were angry, someone said that they were divorced, and the other party was not to be outdone, so the two went to the Civil Affairs Bureau for divorce.

After the divorce, both of them had regrets in their hearts, but because of face or unwilling to admit defeat, the marriage of the two came to an end. There are not a few such marriages in life, from small contradictions to big contradictions, and then choose to divorce under impulse, regret after divorce, but are unwilling to redeem it, everything is coming to an end like this, it is a pity.

The establishment of the cooling-off period for divorce is actually to help these couples.

I don't think the cooling-off period is another kind of harm to the person who is abused by the domestic violence, because it is difficult for such a family to divorce in a normal way. Perhaps few people think about such a question, but it should be a fact. As soon as someone in the relationship learns to use violence to solve problems, the marriage is of course no longer sustainable.

However, when one of the spouses files for divorce, the other spouse in such a family often does not agree. When two people divorce, most of them still go through legal channels, and the cooling-off period for divorce does not have much impact on their divorce.

I think that in modern society, there should be very few people in domestic violence families who still live in the same family with each other after filing for divorce.

There are certainly many factors that have been taken into account in the implementation of each policy. It may have an impact on some people, but the positive meaning should outweigh the negative meaning.

Everything needs time to verify, whether this policy is good or bad, time will give us the final answer.

I think it is very likely that the abuser will be more violent, and domestic violence against the other party during the cool-down period may cause unexpected damage.

Yes. Because domestic violence should not exist in marriage. And domestic violence will not stop because of this period.

I think the cooling-off period for divorce is definitely another harm to domestic violence, if there is domestic violence in the family, then do not hesitate to divorce.

That's right, if the cooling-off period for divorce is really implemented, then for the person who is abused by the domestic violence, it will be another injury, which will make him even more sad and hurt.

Legal analysis: The provisions on the cooling-off period system for divorce are only applicable to divorce by agreement, and for those who have domestic violence, the parties can file a lawsuit for divorce with the court, and the cooling-off period system for divorce does not apply to sue for divorce. Therefore, there is no problem that the "cooling-off period" provision is not conducive to the protection of victims of domestic violence.

Legal basis: Article 23 of the Criminal Law of the People's Republic of China Article 14 Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

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 Law Authority.

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

If there is one of the following feelings and the 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 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 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

The cooling-off period for divorce refers to the cooling-off period in which both parties to a marriage apply for voluntary divorce under the principle of freedom of divorce, and within a certain period of time from the date of receipt of the application by the marriage registration authority, either party may withdraw the divorce application and terminate the registered divorce procedure.

Article 1077 of the Civil Code stipulates that: "Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from 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 divorce cooling-off period system is a new system added to the Civil Code, and its legislative reason is that there are fewer restrictions on registered divorce in China, and it is more convenient to divorce, and this kind of relaxed policy has created opportunities for hasty divorce, and the phenomenon of flash marriage and flash divorce is more serious, and the divorce rate is high, which is not conducive to maintaining family stability and protecting the interests of children.

According to Article 1077 of the Civil Code, the conditions for the cooling-off period for registered divorce are as follows:

First, if both parties voluntarily divorce and apply for divorce at the marriage registration office, and meet the conditions for divorce, the divorce certificate will not be issued for the time being, and the marriage relationship will not be dissolved immediately.

Second, the cooling-off period for divorce is 30 days, and 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.

Third, within 30 days after the expiration of the 30-day cooling-off period, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate, and the marriage registration authority shall issue a divorce certificate, i.e., dissolve the marriage relationship. Fourth, if the parties fail to apply for a divorce certificate at the marriage registration agency within 30 days after the expiration of the cooling-off period, the application for divorce registration shall be deemed to have been withdrawn, and the consequences of divorce will not occur quietly.

If domestic violence occurs during the marriage and the parties want to divorce by agreement, then, according to Article 1077 of the Civil Code, the parties still need to go through a 30-day cooling-off period for divorce.

In this regard, some people believe that this will prolong the suffering of the victim of domestic violence and is not conducive to protecting the legitimate rights and interests of the victim. However, for cases of domestic violence, in practice, it is generally necessary to sue the court for divorce, and the cooling-off period system for divorce does not apply, and the court will generally make a divorce judgment in the first instance in cases of divorce due to domestic violence, so it is more conducive to protecting the legitimate rights and interests of the parties to divorce through litigation.

I think that this kind of couple should not have a cooling-off period for divorce, and the cooling-off period for divorce will only bring opportunities to this kind of marriage that should not last, which is very bad.

In my personal opinion, I don't think there is a need for Chunfeng, because domestic violence is definitely not a matter of one or two times, and it doesn't mean that you can have a cooling-off period.

I don't think so. In this case, you should get a divorce immediately, otherwise you will be more seriously harmed.

The cooling-off period for divorce is only applicable to divorce by agreement, and domestic violence divorce is generally a litigation procedure in judicial practice.

The cooling-off period for divorce is only applicable to divorce by agreement, and domestic violence divorce is quietly allowed in judicial practice, and the litigation procedure is generally followed.

1. A cooling-off period is required for domestic violence to agree to divorce.

2. In the case of divorce due to domestic violence, if both parties choose to divorce by agreement, there is a cooling-off period, but if one party chooses to divorce by litigation, there is no cooling-off period.

3. The law stipulates that if one of the husband and wife requests a divorce and there are circumstances of domestic violence, the divorce shall be granted after the people's court has not mediated and there is no hunger effect.