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If the agreement is not reached, the only way to sue for divorce is through the court, or through separation, and after more than 2 years, you can unilaterally sue for divorce.
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If one party does not agree, then the only way to go to court is to sue for divorce. The court may grant a divorce if the circumstances of the breakdown of the relationship between the husband and wife are met under the provisions of the law.
Article 1079 of the Civil Code of the People's Republic of China.
Where a man and a woman request 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 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 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.
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Hello, if the divorce by agreement fails, the woman can apply to the court of the place where the man's household registration or habitual residence is located for divorce.
The evidence or materials to be collected in a lawsuit for divorce are as follows: 1. Marriage certificate, real estate certificate, ID card, indictment, etc. (the marriage certificate can be replaced by the marital status certificate of the civil affairs department; The title deed can be checked at the Housing Authority; ID cards can be issued at the Population Inquiry Center of the Public Security Bureau). 2. Bank deposit certificates, ** accounts, etc. (When collecting and preserving such evidence, we must pay attention to fixing work.)
In particular, the instability of the market value of the account due to the fluctuation of the account increases the difficulty of proof). 3. Evidence of the legal cause of divorce (1) bigamy or cohabitation of a spouse with another person; (2) committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they have repeatedly refused; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. 4. Evidence of fault damages (e.g
Call logs, chat logs, etc.).
If the relationship between the husband and wife breaks down, the woman asks for a divorce, but the man does not agree, in this case, it means that the negotiation cannot reach an agreement, and then you can only consider going through the legal procedure to sue for divorce.
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The woman files for divorce and the man does not agree to this situation, I think it is best to solve it through litigation, after all, if you do not agree, you can only do it through a lawsuit.
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If the woman files for divorce, both parties agree to go through the divorce registration formalities at the marriage registration office, and if the negotiation fails, the party who requests a divorce can directly sue the court for divorce. >>>More