What should I do if the husband and wife are emotionally incompatible, and one party asks for a divo

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If you sue for divorce, you have to find evidence to prove that the relationship between husband and wife has indeed broken down! Otherwise, there is no evidence to prove that the court will not sentence the divorce even if it accepts it! For example, they have been separated from each other for more than two years, one party has a third party, the husband and wife often quarrel or even fight, and one party beats the other party.

It can be proved that the couple feels broken!! So you have to be well prepared to prosecute!

Legal analysis: If one party files for divorce and the other party does not agree, the marriage relationship can generally only be dissolved through litigation divorce. Usually, it is necessary to file a lawsuit for divorce in the court of the defendant's domicile, and if the defendant's domicile and habitual residence are not the same, it is necessary to file a lawsuit in the court of the defendant's habitual residence.

In addition, it is also necessary to prepare materials such as a complaint, marriage certificate, and a list of evidence of emotional discord. If the court finds that the relationship between the parties has indeed broken down, the divorce will generally be granted.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

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.