What if one party wants to divorce and the other party does not want to leave?

1. There are two ways to divorce: negotiation and prosecution, and if the negotiation fails, you can only sue.

2. If one party has lived in the current place of residence for one year, he or she can apply for divorce in the place of residence.

3. If both parties agree, you can apply for expedited ruling, and it can be done within a week.

4. In terms of custody, it is necessary to follow the principle that the parenting of the parent is beneficial to the growth of the child. Children under the age of 2 are generally given to their mothers.

Alimony is generally 20-30% of one party's income.

5. The property is generally divided equally, and if one party is at fault, the property can be divided less or not divided.

6.If one of the parties commits domestic violence, the other party may be considered at fault, and the other party may demand that the violent person have no or less share of the property, and at the same time, the violent person may have less or no share of the property at the time of divorce.

For the party who does not want to divorce, my advice is: it is useless to stalk, you have to understand what the other party's reason for divorce is. My advice to those who want to divorce is:

Do you want to figure out whether your goal is divorce, or is it a condition for divorce to achieve a certain demand? According to different situations, senior emotional experts will give corresponding suggestions.

What you point out alone cannot be a reason for your divorce, and if you want to divorce, you can only use personality incompatibility and relationship breakdown as a reason! In the case that one party is unwilling to divorce, the other party can file a lawsuit with the court to request a divorce! However, I would like to advise friends not to make a decision to divorce lightly, everything has to be discussed, and don't be rash, so as not to regret it later!

Legal Analysis: Divorce belongs to the rights and freedoms of both husband and wife, and can be divorced by agreement or litigation. In the case of divorce by litigation, if one party does not agree to the divorce or regrets not performing after signing the divorce agreement, the other party may file for divorce.

Generally, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year. The first instance is generally 3 months.

Therefore, Zheng Chong can sue the court of his place of residence with the complaint, marriage certificate, his ID card, the household registration or birth certificate of the minor child, and other evidence such as the real estate certificate and vehicle registration certificate that can prove that it is the joint property of the husband and wife, and ask the court to grant a divorce. The court will conduct a court investigation into the marriage foundation, post-marital relationship, reasons for divorce, the current situation of the relationship between the husband and wife, and whether there is a possibility of reconciliation, so as to determine whether the relationship between the husband and wife has indeed broken down, and make a judgment in accordance with the law on the basis of the relevant facts ascertained. If it is the first time to sue for divorce, and the other party insists on not leaving, under normal circumstances, the court will not allow the divorce, the purpose is to leave another opportunity for both parties, hoping that through the efforts and communication of both parties, especially the party who does not want to divorce, the relationship between the husband and wife can be improved, so that the marriage can continue to maintain.

If one party insists on the divorce after the six-month period after the court has ruled that the divorce is not allowed, he or she can sue again, at which point the court will essentially grant the divorce.

Legal basis: Article 124 of the Civil Procedure Law: The people's courts are to handle the following lawsuits in separate circumstances:

1) Where it is within the scope of administrative litigation in accordance with the provisions of the Administrative Litigation Law, inform the plaintiff to point out and initiate an administrative lawsuit; (2) If, in accordance with the provisions of law, the parties have reached a written arbitration agreement to apply for arbitration, and shall not file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution; (3) In accordance with the provisions of law, other organs shall handle the dispute of shouting and teasing, and inform the plaintiff to apply to the relevant organs for resolution; (4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction; (5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit; (6) In cases where litigation must not be made within a set period of time in accordance with the provisions of law, and where litigation is initiated within the period of time for which litigation must not be initiated, it is not to be accepted; (7) In divorce cases where a judgment is not granted and mediation is reconciled, or where there are no new circumstances or new reasons for the plaintiff to sue again within six months, it is not to be accepted.

Legal analysis: According to Chinese law, if one of the men and women requests a divorce, but the other party does not agree, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 the 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.

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 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 cases of divorced marriages 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 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.