Both parties have gone through the divorce procedures, and one party does not go after the cooling o

Updated on society 2024-03-21
8 answers
  1. Anonymous users2024-02-07

    1. Both parties have gone through the divorce procedures, and one party does not go through the divorce procedures after the cooling-off period, then the divorce procedures cannot be handled, which will naturally cause the divorce to fail, and the colleagues of the two parties must be present.

    The specific requirements for divorce between husband and wife are also implemented in accordance with the requirements of the Civil Code of the People's Republic of China, regardless of whether there is a cooling-off period for divorce, the divorce must be attended by both husband and wife in order to constitute divorce. And at the time of divorce, the husband and wife will also sign certain certificates and agreements, so as to ensure that the divorce has been completed by the husband and wife, and will not affect the life of both parties after the divorce, which is also to ensure the common interests of both parties.

    2. Divorce is different from other forms in that divorce requires both husband and wife to arrive at the scene, confirm the divorce agreement, and then go through the relevant divorce procedures before the formal divorce can be completed.

    Of course, there is another situation in life, if the other party cannot be present and can also carry out a divorce, then it is resolved through litigation divorce. However, this method is very detrimental to both parties, and it is also a waste of time for both parties, and the term of divorce is relatively long, which is not the choice of most people. The two parties who have decided to divorce have actually slowly dissipated emotionally, so at this time, the long pain is better than the short pain, and the best way is for the two people to solve it by registering the divorce agreement.

    3. Although the parties have gone through the divorce procedures, because the state now has an additional divorce cooling-off period, the situation after the divorce cooling-off period will still be used as the main basis.

    In the past, there was no such thing as a cooling-off period for divorce in China, but later in order to reduce the divorce rate, China deliberately set up a cooling-off period for divorce. The duration of the divorce cooling-off period is also about a month, and since the divorce cooling-off period is set, the final determination by the state is the result confirmed after the divorce cooling-off period. Therefore, after the cooling-off period of divorce, both parties still have to go to the Civil Affairs Bureau to go through the relevant divorce procedures, which does not conflict with the previous divorce procedures.

  2. Anonymous users2024-02-06

    The marriage can be divorced, and since the parties have gone through the divorce procedures, then the marriage has been dissolved.

  3. Anonymous users2024-02-05

    It must not be successful, because now one party does not agree to the divorce, so there is no way to successfully handle this marriage for the time being.

  4. Anonymous users2024-02-04

    Of course, this marriage is not successful, and it can be seen through such a move that the other party does not want to divorce very much.

  5. Anonymous users2024-02-03

    Of course, this marriage cannot be divorced, because it is originally stipulated that within the 30-day cooling-off period, as long as one party repents, then the marriage cannot be divorced.

  6. Anonymous users2024-02-02

    No, because both parties need to be present at the time of divorce, and because one of them did not come, the divorce procedure cannot be completed.

  7. Anonymous users2024-02-01

    When the cooling-off period of divorce arrives, one party does not deal with it as follows:

    1. If one party does not go after the expiration of the cooling-off period, and the other party does not go within 30 days after the cooling-off period, it will be deemed to have withdrawn the application for divorce registration;

    2. If you really have no feelings with the other party and are very determined to divorce, you can go to the court to sue for divorce and solve it through judicial means.

    Legal basisArticle 1077 of the Civil Code of the People's Republic of China.

    Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, 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.

    Article 1079.

    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 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.

    What are the conditions for divorce.

    1. Bigamy or cohabitation with others;

    2. Committing domestic violence or abusing or abandoning family members;

    3. Have gambling, drug abuse and other vices that have been repeatedly taught;

    4. Separated for two years due to emotional discord; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    5. Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted;

    6. After the people's court has ruled that the divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted;

    7. One party suffers from a serious illness or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **;

    8. Lack of understanding before marriage, hasty marriage, failure to establish husband and wife feelings after marriage, and difficulty in living together.

  8. Anonymous users2024-01-31

    Legal analysis: If one party does not go after the expiration of the cooling-off period, and the other party does not go within 30 days after the cooling-off period, it will be deemed to have withdrawn the divorce registration application. If you really have no feelings with the other party, and you are very determined to divorce, you can go to the court to sue for divorce and solve it through judicial means.

    Legal basis: Article 1077 of the Civil Code of the People's Republic of China Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, 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 time limit 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 will be regarded as a withdrawal of the application for divorce registration.

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