What should I do if one party is negligent and asks for a divorce, and the party who is not at fault

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.

I remember the specific terms, but the first thing is to have evidence of the woman's extramarital affair.

The relevant law is Article 46 of the Marriage Law.

Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

But as the first floor says, what matters is the evidence – the proof of the fact of cohabitation.

Article 32 of the New Marriage Law Where a man or a woman requests a divorce, the relevant departments 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.

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;

4) 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.

If the party who is not at fault wants to divorce, go to the court to file a divorce lawsuit. In general, the party who wants to divorce can go directly to the court to file a divorce lawsuit. Whether or not to grant a divorce after one of the parties to the divorce is filed for 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 is invalid.

The fact that the relationship between the husband and wife has broken down and the mediation is invalid, which is the legal ground for the judgment of divorce. The procedure for divorce by litigation is as follows:

1. File a divorce lawsuit with the court;

2. After meeting the conditions for filing a case and the case is approved, the case filing tribunal shall issue a notice of case filing, pay the litigation fee with the notice of case filing, and the court will formally accept the case;

3. After the court accepts the case, it will transfer the case to the civil division for trial

4. After accepting the case, the civil division shall issue a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit;

5. Mediation by the court;

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

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 lawsuit for divorce with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, 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 been taught;

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.

There is no restriction on the party at fault to file for divorce, and Chonghuai China implements a marriage system of voluntary marriage and free divorce, and either party on both sides has the right to file for divorce, but the party who is not at fault can claim damages. The specific circumstances are: (1) bigamy;(ii) Cohabitation with another person;(iii) Committing domestic violence;4) Abuse or abandonment of family members;5) There are other major faults.

Article 1091 of the Civil Code shall not be at fault if any of the following circumstances results in divorce, and the innocent party shall have the right to claim damages: (1) Bigamy;(ii) Cohabitation with another person;(3) Carrying out domestic violence and quarrelling;4) Abuse or abandonment of family members;5) There are other major faults.

1. What should I do if one of the parties who is not at fault wants to divorce.

If there is an agreement, it shall be agreed and if there is no agreement, the joint property of the husband and wife shall be divided equally. The following are the assets of one of the spouses:

1. One party's pre-marital property, such as one party's pre-marital savings, purchased house, car;

2. Medical expenses, living allowance for the disabled, etc., obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Soldiers' insurance premiums, disability subsidies, and medical living allowances;

6. The insurance benefits of risk prevention or relief insurance purchased by the husband and wife for one party after marriage (the beneficiary is the husband or wife);

7. Property that has been registered for marriage and has not yet lived together, and one of the husband and wife has contributed to the purchase and use of each other;

8. The intellectual property rights of one party that have not obtained economic benefits at the time of divorce shall be owned by the individual (appropriate care should be given to the other party when dealing with it).

2. How to determine the property of both parties who are not at fault.

If there is an agreement, it shall be agreed and if there is no agreement, the joint property of the husband and wife shall be divided equally. The following are the assets of one of the spouses:

1. One party's pre-marital property, such as one party's pre-marital savings, purchased house, car;

2. Medical expenses, living allowance for the disabled, etc., obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Soldiers' insurance premiums, disability subsidies, and medical living allowances;

6. The insurance benefits of risk prevention or relief insurance purchased by the husband and wife for one party after marriage (the beneficiary is the husband or wife);

7. Property that has been registered as married, has not yet lived together, and is purchased by one of the husband and wife and used by each other;

8. The intellectual property rights of one party who have not obtained economic benefits at the time of the divorce shall be owned by the individual (appropriate care should be given to the other party when dealing with it).

3. Ask how the property of both parties that are not at fault should be determined.

If there is an agreement, it shall be agreed and if there is no agreement, the joint property of the husband and wife shall be divided equally. The following are the assets of one of the spouses:

1. One party's pre-marital property, such as one party's pre-marital savings, purchased house, car;

2. Medical expenses, living allowance for the disabled, etc., obtained by one party due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;

4. Daily necessities for one party;

5. Soldiers' insurance premiums, disability subsidies, and medical living allowances; Stupid silver.

6. The insurance benefits of risk prevention or relief insurance purchased by the husband and wife for one party after marriage (the beneficiary is the husband or wife);

7. Property that has been registered as married, has not yet lived together, and is purchased by one of the husband and wife and used by each other;

8. The intellectual property rights of one party that have not obtained economic benefits at the time of divorce shall be owned by the individual (appropriate care should be given to the other party when dealing with it).