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If the negotiation with the other party fails, a lawsuit can be filed in court.
Legal basis] According to Article 32 of the Marriage Law, if a man and a woman request 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.
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If you can't negotiate a divorce between the two of you, you can opt for a divorce by litigation. There are two ways to get divorced, one is divorce by agreement and the other is divorce by litigation. If you husband and wife can reach an agreement on divorce, child support, property division, debts and other issues, you can go to the marriage registration authority at the place where one of your spouses is registered to go through the divorce registration formalities and obtain a divorce certificate with the divorce agreement, marriage certificate, ID card, household registration booklet and other materials of both parties.
However, if you are unable to reach an agreement on divorce, child support, division of property, etc., and you are determined to divorce, you may choose to sue for divorce. In the case of a lawsuit, the court with jurisdiction over the case is generally the basic people's court of the defendant's place of household registration or habitual residence. Article 1079 of the Civil Code of the People's Republic of China stipulates that if 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 others; (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 a lawsuit for divorce, 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. It should be noted that the man is not allowed to 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.
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The wife refuses to divorce because she still has nostalgia for the relationship, and after all, she should be cautious about treating a relationship after marriage, even if she chooses to leave, she must let both parties really let go of each other.
Women belong to a soft-hearted group, and they are reluctant to become strangers after so many years of dedication, because they really have worked hard. We don't guess which one is at fault first, but in marriageThe one who gives the most often loses the most, the most feared relationship in marriage to develop to such a point, the person who does not divorce must have his own reasons:
Divorce can bring a certain amount of harm to the childrenBecause I'm used to this man, not having the courage to start a new relationship all over again;
I don't want to be laughed at by acquaintances, and I don't want to hurt my parents' heartsAfter all, the parents are old and have too many obsessions that they don't want to lose each other.
Every woman has not left a way out for herself in marriage, and has even done everything she can to give to this family without reservation, and there is a lot of unwillingness in her heart.
As a man, if he resolutely chooses to divorce, he willSit down and have a good conversationAfter all, the ending of the husband and wife should not be too absurd, the property problem should be more for the woman to think about, after all, marrying you is the biggest decision she has ever made, the children should be given enough care and care, although the parents are divorced, but the love for him has not changed, only after the divorce to maintain harmony The child can grow up healthily.
In marriage, fate is exhausted, and it must be doneIt's good to gather and disperse, face your marriage with the truth, and draw a happy end to both parties.
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Wife, what to do if you refuse to divorce, this proves that your wife still has feelings for you, if there is no problem in principle, you two should have a good life to talk about, since together is the fate of adults, let's all say, children are the most painful, for the sake of children, should give children a perfect home, this is the responsibility of parents, if there is no wife, what to do if you refuse to divorce, this proves that your wife still has feelings for you, if there is no problem in principle, you two should have a good life to talk about, Since being together is the fate of adults, let's all say, children are the most painful, for the sake of children, should give children a perfect home, this is the responsibility of parents, if there is no matter of principle, it is best not to divorce, two people have a good life to talk about, I wish you happiness. The matter of principle, it is better not to divorce two people to talk about it, I wish you happiness.
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The wife is dragging and unwilling to divorce, then you have to go to the court, go to the court to sue for divorce, but it is also very slow, and you have to **, however, you only have this one way, if the bird wife agrees, it will be simple.
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The wife dragged on and refused to divorce, why, because she didn't want to give up a complete home, if there are children, women don't want to divorce, for the sake of the children, afraid of the physical and mental impact of the children, women think more, men don't care about the family for themselves, you have a wife who doesn't want to divorce you, you should cherish it, you divorce and find a marriage, it may not be better than now, because there are a lot of divorces and regrets, so it is really fate for two people to be together, I hope you still don't divorce for your home, that's my opinion.
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The wife's refusal to divorce shows that the wife still has feelings for you and the family, and can not leave as much as possible to give the children a complete home, of course, if you insist on leaving, you can also file a lawsuit with the people's court where your wife's household registration is located, and apply to the people's court for divorce.
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There must be a reason why my wife is dragging on and not divorcing, one is that she still loves you, and the other is that she doesn't let you leave happily. Because you may have betrayed her, and if she doesn't divorce, you won't be able to legally remarry. Let's negotiate well, and if you want to divorce, make more concessions.
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The wife drags on and refuses to divorce because your wife loves you and is reluctant to leave you Give him more time, and slowly you will reconcile, if you can not divorce, don't divorce, it is really not possible to sue for divorce.
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You can sue for divorce as long as you haven't been together for more than a long time. It's useless to drag.
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I separated from her for two years, and after two years, I went to court to sue for divorce.
Of course, if it is your wife's fault but she doesn't want to divorce, you can try to forgive, after all, it's a man, and the family should be the priority.
If you have someone outside, think more about your wife's goodness and don't do something that you regret.
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If the marriage is really unhappy, it is better to leave. Ask her if she has any requirements, if she is not demanding, you will just give it, after all, you are a man! Don't be scheming with women, be generous!
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It seems that after how long it takes to separate, you can go to the court to apply for divorce Anyway, it is definitely impossible not to divorce if it drags on. If the court proves that the two of you really do not have a relationship between husband and wife, the relationship is broken. It is possible to go to the court to apply for divorce.
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Your wife should be an emotional person, and you should cherish it. If there is nothing principled, two people should have a good talk with Harmony and see if the problem arises, so that they are responsible for both parties.
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The wife dragged on and refused to divorce, it is definitely not a way, the relationship is not there, the communication cannot be achieved, you can only sue in the court, and you can divorce in the end, or let go of each other's knots and communicate well.
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Wife, is there any other reason for not divorcing? You communicate with her well about the reason why she is not divorcing, maybe because he loves you very much, he is reluctant to divorce, if so, if it is not his fault, if it is her fault, it is not an unforgivable fault, then you forgive him. It's a family after all.
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Wife, what is the reason for the refusal to divorce? Is it your fault, or is it his? Maybe he really loves you and drags it out without a divorce.
He doesn't want to divorce you talk about what the reason is, if he really refuses to divorce because he loves you. If he didn't make an unforgivable mistake, then you should forgive him.
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What's going on here? If the wife is at fault first, it is not okay for him not to divorce, but if he has no problem at all and you have to divorce, then it is another matter.
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If the wife refuses to divorce, then go to the court to file for divorce, but if there are suitable conditions for divorce, the court will grant a divorce.
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The wife will not leave, I still have feelings for you, a husband and wife for a hundred days, it will be a husband and wife, if you can, don't leave, what's not to do? Let one step broaden the horizon, understand more, and be more tolerant.
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Drag it out casually, it's a big deal to separate, after two years of separation, you go to the court for a divorce, it doesn't make sense for him to agree or not, and you will be divorced in court.
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It also depends on the situation, divorce is not good for children, think about it more, I hope you are happy and happy, think coldly, I hope you are happy and happy.
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What should I do if my wife refuses to divorceAfter you have finished suing, you will automatically divorce after half a year. It shows that his wife still loves you. So he doesn't want to divorce you.
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Suing for divorce is the last resort to resolve this matter. In general, two prosecutions, basically settled.
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If your wife refuses to divorce, you have to sue for divorce, and you can find a lawyer to go through these procedures for you, which is quite cumbersome.
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If the negotiation fails, she can only sue, what is the reason for her refusal, and what is she reluctant to do? It's easy to solve her needs.
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If I refuse to divorce, you can sue the people's court and let the people's court decide to divorce you.
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One day husband and wife 100 days, 100 days husband and wife like the depth of the sea. For the sake of family harmony and happiness, divorce is generally not allowed.
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If you don't have feelings, you can sue the court and wait for the verdict, and it's not a matter of dragging it out.
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It is okay for the court to file a lawsuit, as long as the conditions for divorce are met, and the general court judgment is sufficient.
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When there is confusion and trouble in the marriage, even if you want to end the marriage immediately, it is important to make a professional and correct assessment and diagnosis to see if the divorce criteria are met. What we should do is to find out ** to save and** marriage, not to give up directly, not to let go, because we will not marry anyone in order to compete with ourselves, nor will we be angry with our spouse, but for the sake of happiness and comfort.
Due to the pressure of daily work, it is inevitable that there will be some friction between couples. It's also possible that women have been a bit busy lately and don't have time to take care of it. Women cause regrets and want to keep this married lifeWomen want to give each other rational time and finally look at married life with each other's hearts.
They don't expect to make irrational choices on the spur of the moment, so they leave time and space for both parties to think rationally.
According to Chinese law, 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. A proper divorce is due to a complete breakdown of the relationship between the husband and wife, or a wrong marriage at the beginning, such as domestic violence, gambling, drug abuse, and other bad behaviors. Wrong divorce refers to those conflicts between you that are not resolved face-to-face, and are alleviated by means of avoidance and divorce.
A large number of marital conflicts can be resolved, including extramarital affairs and extramarital children. We can find ways to deal with and solve problems properly.
Divorced people often find it difficult to find true love again, because after all, they have been married once, and others still have some opinions about you, so few people can really love you. You'll probably have to find someone to make do with it. Before the divorce, no matter what happens, there will always be someone who loves you and understands you.
All your joys and troubles can be shared by others. Even if you don't have a job, there will be people who will support you. But after the divorce, these are far away from you.
No one will listen to you, no one will have nightmares to hold you tightly at night, no one will want to support you who are unemployed. Loneliness is coming at you like a tide, and you can't resist it.
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If you really want to get a divorce, you can only go through the process of divorce proceedings, but you also need to have certain necessary conditions for divorce to be able to reach the final divorce status.
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Then you should go to the court to apply for a unilateral divorce, so that you can get a good result, and it will also make the husband compromise in the end.
The wife asks for a divorce, I think the first thing is that the person who is the husband does not do the right thing to cause because she has a problem? What's the problem? You didn't say it, and it's not convenient for us to ask, but why should she insist on divorcing you? >>>More
Under what circumstances can a husband and wife request a divorce? According to the husband and wife who marry and form the same family and live together in the same family, they should respect and understand each other and support each other to maintain the sustainable development of their married life, but once the relationship changes, it is difficult to reconcile, and the parties are unwilling to maintain the relationship between the husband and wife, the husband and wife may divorce by agreement in accordance with Article 1049 of the Civil Code, and if the parties cannot reach an agreement, they may also request the court to grant a divorce and dissolve the marriage relationship between the parties when there are legal reasons under Article 1052 of the Civil Code. In the case of a divorce in the nature of a formation lawsuit, that is, to terminate the marital relationship of the husband and wife by the judgment of the court, one of the spouses who wants to divorce must be the plaintiff, and the other party who does not agree to the divorce must be the defendant, asserting that the marriage has the cause of Article 1052 of the Civil Code, and attaching relevant evidence to request the court of competent jurisdiction for judgment.
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