What to do if the divorce by agreement does not work, what to do if the divorce by agreement does no

Married life is not necessarily happy and happy, when the relationship between the two parties is irretrievably broken, divorce has become the last choice, divorce has two ways: divorce by agreement and litigation divorce, so how to mediate divorce by agreement? First of all, we need to know that there is no need for mediation in a divorce by agreement, and this procedure is only available in the case of a litigated divorce. Article 32 of the Marriage Act provides:

People's courts hearing cases shall conduct mediation. Accordingly, mediation is a necessary procedure for hearing divorce cases. Even if the marriage registration authority or neighborhood organization has already mediated before filing a lawsuit, the people's court should still conduct mediation after accepting the case.

The above-mentioned mediation can be understood as a spontaneous and autonomous means, and there is no legal mandatory provision, which may or may not be available. However, mediation by the court is a necessary procedure expressly stipulated in the law, and it cannot be without. When the court conducts mediation, the adjudicators must, on the basis of the ascertained facts, conduct persuasion and education work on both sides in accordance with the law, publicize laws, policies, and socialist ethics and morality, criticize the party at fault, and counsel the party who is not at fault.

In short, it is necessary to reconcile the contradictions as much as possible. Legal basis: Article 32 of the Marriage Law of the People's Republic of China?

If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's courtPeople's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

If the agreement fails, you can only go to court to sue. You want a house and a good reason for your children, how old the children are, and whether you can give them better living conditions. Generally, if the house is your property after marriage, if he is not the party at fault in the marriage, he will rarely give you all the house, and it will be divided equally.

It is recommended that you go to the court for a legal consultation, tell the lawyer in detail about your situation, and see them.

The simplest reason is emotional disagreement. If the divorce by mutual agreement fails, you can sue. The court will not be able to leave without a special reason, but it can be prosecuted after six months.

At this time, because two consecutive lawsuits for divorce have become evidence of emotional incompatibility, the court will agree to the divorce.

Then sue.

The reason is not given to you by the court.

It's you who gave it to the court.

Please trust the justice of the law.

Divorce is granted after a certain period of separation.

If a divorce by mutual agreement is not possible, the party who wants to divorce may file a divorce lawsuit at any time at the court where the defendant is domiciled. If the court finds that the relationship between the husband and wife has broken down after the mediation fails, it will rule on divorce, and the separation for two years due to emotional discord is one of the circumstances for judging the breakdown of the relationship between the husband and wife, and in addition to one of the following circumstances, it can also be determined that the relationship has broken down:

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 abuse;

Where the other party is declared missing and the other party initiates divorce proceedings, the divorce shall also be granted.

Legal basis] Article 1079 of the Civil Code provides 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 another person;

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

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

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.

According to the provisions of China's Civil Code, there are two types of divorce, namely, voluntary divorce by agreement and litigation divorce. In the case of divorce by mutual agreement, the only way to divorce is to divorce by litigation. If both parties agree to divorce and there is a dispute only over the division of property, the litigation claims should be clearly stated when filing a lawsuit with the people's court, including requesting the court to grant a divorce and dividing the property.

On the premise that both parties agree to the divorce, the court will grant the divorce to both parties, and the court will hear the property dispute between the parties in the litigation and make a judgment together with the divorce judgment. However, if one party disagrees with the divorce in the lawsuit, the court will first consider whether the relationship between the two parties has completely broken down, and if it cannot be proved that the relationship between the two parties has broken down, the people's court will generally not rule that the parties have divorced, and at the same time, the property of the husband and wife will not be divided.

When one party sues for divorce, if he or she knows that the other party does not agree to the divorce, he should collect sufficient evidence that the relationship between the two parties has broken down, for example, if the other party has cohabited with another person, and the other party has lived together for more than three months, it constitutes cohabitation. If there is no evidence of a breakdown of the relationship and the other party does not agree to the divorce, the first lawsuit for divorce is likely not to be allowed by the court.

Article 1076 of the Civil Code of the People's Republic of China.

Where the 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 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 to have withdrawn the application for divorce registration.

Article 1078 of the Civil Code of the People's Republic of China.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

If you can't discuss divorce, then you can also go to the court to sue for divorce, you only need to provide corresponding evidence to prove that the relationship between the two has broken down and cannot make up for the omission, then, the court will support the divorce of the two.

In fact, there are two ways to divorce, one is to go to the Civil Affairs Bureau to divorce after the agreement, and the other is to go to the court to fight a lawsuit.

Only after the legal marriage certificate can be protected by the law, the chain trapped in the divorce shed will also pass the law, and then there is no legal situation under the circumstances of the agreement signed by everyone, sometimes it is not protected by the law, so it is recommended that you must have a formal divorce certificate or marriage certificate when you divorce to prove your commitment to marriage.

What should I do if I can't get a divorce by mutual agreement? Then divorce directly. If grandpa doesn't make it, then handle it yourself and divide it. Common property.

If you can't divorce by agreement, go to court and sue for divorce!

If you can't divorce by agreement, you really can't live together, so you can only divorce through legal procedures, and the court will grant a divorce

If you can't divorce by agreement, you can only sue in court.

The law stipulates that the following circumstances cannot be filed with the Civil Affairs Bureau to handle the divorce agreement:

1) One party requests a divorce and the other party does not agree;

2) Matters such as child support, financial assistance for one of the spouses, property and debt disposal are not negotiated and unified;

3) One or both of the husband and wife have limited or no capacity for civil conduct;

4) Failure to register marriage;

5) The parties are registered in a foreign country.

In the above-mentioned circumstances, except for the situation that has not been registered for marriage needs to be specifically analyzed, when a divorce cannot be agreed upon, the marriage relationship can be dissolved by the court through litigation.

If it is believed that the relationship between the husband and wife has indeed broken down, the divorce will be granted, so it is necessary to pay attention to providing evidence that can prove the breakdown of the relationship when filing a lawsuit.

If the first court decides not to divorce and agree, the lawsuit can be continued six months after receiving the judgment or mediation. Suing for divorce will involve the collection of relevant evidence and the handling of property division, and if you are not sure that you can handle it well, you can entrust a lawyer to handle it.

If you can't divorce by agreement, you can only go to court to sue for divorce.

If one party files for divorce and the other party does not agree to the divorce, the party filing for divorce needs to bring his or her ID card, marriage certificate, household registration book, etc., and also need to write a divorce complaint and submit it to the grassroots legal court where the complaint is filed to sue for divorce. Quietly scum.