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If you want to divorce, the other party can only file a divorce if you do not agree. If the wife wants to divorce, the parties can choose to divorce by agreement or divorce by litigation, but the divorce by agreement must be reached by the husband and wife, and if the husband and wife cannot reach an agreement on the divorce, they can only choose to divorce by litigation, and can only file a divorce lawsuit with the people's court. The party who wants to divorce can go to a second, third, or even fourth divorce lawsuit to achieve the purpose of 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 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 gambling, drug abuse, or other vices that have been repeatedly taught; (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. 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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There are two ways to divorce, only agreement divorce requires the consent of the other party, and if you sue for divorce, you don't need to get the consent of the other party, and the court can also directly judge the divorce.
In some cases, due to the lack of evidence of emotional breakdown, the court will rule that the divorce will not be granted in the first time, but there is basically no inseparable marriage in the court, especially after the promulgation of the Civil Code, which stipulates that if the divorce is completed for one year after the first judgment, the court should rule for divorce if the divorce is sued for the second time.
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If you want a divorce and the other party doesn't agree, I think you should ask him. What are the requirements for a divorce? If he puts forward the conditions.
Then you should promise him both eyes, I think I should be able to divorce you. Surely he feels himself. I just want to get something out of it.
So I won't divorce you, just agree to his conditions.
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If one party does not agree to the divorce, you should consider why you should resolutely divorce, it is not easy for two people to be together, and of course it is not easy to separate, so I hope you will think about it in the long run.
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If the other party does not agree to the divorce, the court sues for divorce.
If you want to divorce, you don't need to think too much, just sue in court. It's a matter of going through the program.
Then try to gather as much evidence as possible to prove the breakdown of the relationship, and the court will decide whether to grant a divorce based on whether the relationship has broken down.
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If you want a divorce but your husband doesn't agree, here are a few steps to consider:
Communicate directly with your husband: Try or train to communicate directly with your husband, articulate your feelings and needs, and try to find a mutually acceptable solution.
Seek legal help: If you can't reach a consensus through communication, you can seek legal help to understand the divorce process and the legal process. During this time, you will need to hire an experienced lawyer to represent your interests.
Try mediation: In addition to legal recourse, you can also seek help from mediation. Mediation refers to the mediation of differences between the parties by a neutral third party in order to reach an agreement to resolve the dispute.
In conclusion, the best way to make the divorce process go smoothly is to resolve the issue through dialogue and compromise. If your husband is still stubborn, you may want to consider taking other steps to protect your own rights and interests.
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Quite simply, you can sue for divorce through the court. There are currently only two forms of divorce under the law in our country. The first type is called divorce by agreement, that is, both men and women agree to divorce, and then agree on the division of property and child support and dismantling, and both parties sign a divorce agreement, go to the civil affairs organ to register the divorce, and obtain a divorce certificate.
The second type is called a divorce by a court decision. That is, if one party is unwilling to divorce, or the two parties cannot reach an agreement on the division of property and child support, either party can sue the people's court and request a divorce.
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According to the Marriage Act.
Article 31: Where both men and women divorce voluntarily, divorce is 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;
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.
You can collect the reasons for the breakdown of the relationship, such as domestic violence or abuse, gambling, drug abuse, etc., and ask the court to grant a divorce.
It is also possible to separate, and the court should grant a divorce after two years.
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According to the provisions of China's Marriage Law, there are two ways of divorce: divorce by agreement and divorce by lawsuit. At the same time, it is stipulated that there is freedom to marry and divorce is also free.
If the parties cannot negotiate a divorce, the consent of the other party is not required to sue for divorce. Bring the complaint and relevant evidence materials to the court where the other party is located to file a lawsuit.
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If you can't talk to him, you will go to the court to sue him and grant a divorce.
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If the other party does not agree to the divorce, you can go directly to the court to sue without the consent of the other party.
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If one party does not agree to come to the divorce, the divorce method is in the form of a private lawsuit divorce, and the specific operation process is as follows
1. Court mediationAccording to the laws of our country, if one of the male and female parties 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.
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I divorced, took the divorce judgment from the court to the place where the child's household registration was located, and told the people at the police station about me and me.
out, if the other party insists that you do not agree you can go to court to sue on the matter, and the court will do so according to the divorce agreement or.
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Go to court or seek help from the Women's Federation.
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Hello! There are two ways to divorce, one is divorce by mutual agreement, which requires both parties to agree and agree on the issues of joint property and debts and child support; The other is to go to court to sue for divorce. Depending on what you say, you can go to court and sue for divorce.
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If negotiation does not work, go to court, or meet the conditions for divorce, look at the marriage law.
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After 2 years of separation, you can file for divorce! ~~
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Such a thing can generally only be solved through legal channels.
What you need to tell you is that the court divorce is not.
DAO is easy unless there is evidence that the other party has made a mistake. Otherwise, you can only make up your mind to fight a protracted battle (the court will not allow the divorce, and the lawsuit will be filed after half a year) ......
Also, there are some things that you can ask a lawyer about. They may be able to give you a more appropriate answer.
Have a good mood soon!
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Go to the court to file a lawsuit, consult a lawyer, and seek work from relevant departments such as the neighborhood, the community and neighborhood committees, and the women's federation.
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You haven't made it clear what the situation is, if you really have no feelings, then don't settle for it, just leave quickly.
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If you sue for divorce for the first time, the court will usually mediate and decide that the relationship has not completely broken down and will not grant a divorce, but the divorce may be supported by the court after more than two years of separation.
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Hello, according to the provisions of my country's marriage law, you can go to the court to sue for divorce! Separation for two years is in line with the legal circumstances for divorce by the court! I wish you all the best!
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.
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The woman files for divorce and the man does not agree to this situation, I think it is best to solve it through litigation, after all, if you do not agree, you can only do it through a lawsuit.
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If the man's parents disagree, you can ask Shao Weihua's apprentice to help you calculate a hexagram, his accuracy rate can reach more than 90%, and his QQ is Qi Yan Jiu Jiu Zero Two Jiu Zero.