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Anonymous users2024-02-06Hello, the Marriage Law stipulates that if a man and a woman request a divorce, they can be mediated by the relevant departments or directly file a divorce lawsuit with the people's court. According to the law, if a man and a woman request a divorce, the relevant departments may first conduct mediation, or they may directly file a divorce lawsuit with the people's court. Mediation can be divided into mediation outside litigation and mediation in accordance with litigation procedures according to its nature.
The Marriage Law does not expressly stipulate that in practice, it is mainly the parties' units, mass organizations, grassroots mediation organizations and marriage registration authorities that mediate divorce disputes other than litigation procedures. After the divorce dispute is mediated by the relevant departments, there will be three outcomes: first, the parties reach a reconciliation agreement and continue to maintain the marital relationship; Second, if both parties reach an agreement on divorce, children, property, etc., they may go through the divorce registration formalities with the marriage registration authority; Third, if the mediation is invalid and one party still asks for a divorce, and the other party firmly disagrees, the parties may file a lawsuit in the people's court.
Mediation in accordance with litigation procedures is mediation conducted by the people's court after the parties file a divorce lawsuit. According to Chinese law, mediation is a necessary procedure for the people's courts to hear divorce cases. The people's court mediates divorce cases, mainly to persuade and educate the parties on laws and policies, generally speaking, first to promote reconciliation between husband and wife through mediation, and when necessary, can also do the work of mediating divorce.
Mediation shall be conducted voluntarily and lawfully. The mediation of the people's court will also have three results: first, the two parties reach an agreement to reconcile, the plaintiff withdraws the divorce lawsuit, and the people's court will save the mediation record; Second, if the parties reach an agreement on divorce, the people's court shall prepare a mediation document according to the content of the agreement, and the legal effect of the mediation document shall be the same as that of the judgment; Third, the mediation is invalid, the divorce proceedings continue, and the people's court makes a judgment based on the facts and the law.
Paragraph 2 of Article 25 of China's Marriage Law stipulates that divorce is conditional and not unconditional. Only when the relationship between the husband and wife has broken down and mediation has failed, can a divorce be granted. If the relationship has not yet broken down, the court may not grant a divorce on a case-by-case basis, even if mediation fails.
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Anonymous users2024-02-051. What is the legal procedure for suing for divorce.
1. The procedure for suing for divorce is as follows:
1) Prepare the complaint and related materials to file a lawsuit application with the court;
2) After meeting the conditions for filing a case after being reviewed by the case filing hall, the case filing tribunal shall issue a notice of case filing;
3) After the case filing division of the court accepts the case, it will transfer the case to the civil division for trial;
4) After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit;
5) After both parties appear in court, the court will mediate;
6) The court makes a judgment to grant or disapprove the divorce through the ** trial.
2. 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.
2. Do I need a divorce certificate to remarry after divorce?
Whether a divorce certificate is required for remarriage after divorce is divided into the following situations:
1. If the marriage relationship is dissolved through divorce registration through the Civil Affairs Bureau, the Civil Affairs Bureau will issue a "Divorce Certificate" to both parties, and if you remarry, you need to provide a divorce certificate;
2. If the divorce is filed through the court, the two parties do not have a "divorce certificate", only the relevant divorce judgment or divorce mediation document of the court as the divorce certificate, in this case, the divorce certificate is not required, but the relevant divorce judgment or divorce mediation document must be provided.
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Anonymous users2024-02-04The plaintiff needs to file a lawsuit at the People's Court where the defendant is located, and submit the divorce complaint and a copy, and the people's court will file and accept the case if it meets the requirements.
Legal basis. Civil Procedure Law of the People's Republic of China
Article 120.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. If it is truly difficult to write a complaint, the lawsuit may be filed orally, and the people's court will record it in the record and inform the opposing party.
Article 122.
Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.
Article 123.
The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating a lawsuit are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
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