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If the woman has evidence, she can file it in court and ask the party at fault for damages.
What evidence can be used as proof of divorce damages?
The evidence that can prove the damage of divorce mainly includes:
1. The wrongdoer admits the wrong written record or oral statement.
2. A certificate issued by the neighborhood (village) committee or the unit to which the party at fault belongs that he or she is living together with others or in the name of husband and wife.
3. Certificate of marriage between the applicant and another person issued by the marriage registration authority.
6. Testimony of neighbors on the left and right.
7. It can prove that one party is at fault or acts.
Parties should employ methods, means, and channels permitted by law to question and collect testimony, records, and vouchers from units, organizations, and personnel that know the truth, and may also invite relevant witnesses to appear in court to testify.
Marriage Law of the People's Republic of China
Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I).
Article 28: "Compensation for damages" as provided for in article 46 of the Marriage Law includes compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.
Article 29: The entity that bears the liability for damages provided for in article 46 of the Marriage Law is the spouse of the party who is not at fault among the parties to the divorce proceedings.
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The plaintiff sues for divorce, and as a defendant, you need to make the following preparations:
First, whether or not to agree to the divorce is the key to hearing a divorce case;
second, to prove the amount of the joint property of the husband and wife, as well as the amount and type of personal property, etc.;
Third, the identity information related to the child, if you want to raise the child, you can collect evidence that you are conducive to raising the child.
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If one party does not want to divorce, the court will not grant divorce in the first instance, but it is impossible to sue after two years, now it depends on the intention of the parties, and if you want to divorce, you will divide the property of the husband and wife before and after marriage, and the divorce is mainly a lawsuit for property and maintenance, custody!!
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Emotional breakdown is the only condition for divorce, but emotional breakdown must be reflected through some specific facts, otherwise it cannot be recognized as emotional breakdown. Therefore, the husband must state some facts if he wants to divorce. Of course, according to your description, the man is at fault and has to bear some liability for compensation to the woman.
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The woman, as the injured party, is entitled to compensation, or is divided into multiple shares. Now the question is how to prove that the man is at fault. You can take care of a private detective to follow and look for evidence.
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There's no way, pick a little radish, and you have to apply for alimony for divorce.
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If one party does not want to divorce, the court will not grant divorce in the first instance.
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If you don't agree, it's useless for him to bring it up.
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Be able to fight and do your best to win back your husband's heart and save this home. Assuming that your relationship has not broken up, and your husband and you are just momentarily angry, for example, after a quarrel, he does not choose to speak, and in practice, after a few days, he is angry, in this situation, it is usually treated coldly, and it can be redeemed! Your relationship should not break up in a day or two.
As the saying goes, freezing three feet is not a day's cold, why not save it early, and wait until the time when the husband files for divorce to realize it?
In the family, the reason for divorce is that the relationship between the husband and wife has broken up and they can no longer live together before divorcing. Of course, if you really can't let go of this relationship, and you still want to save it, I advocate that you don't cry, make trouble, and hang yourself, be calm, and think about what you can change if you don't do well enough.
Judging from the content of the title, the relationship between the husband and wife has broken up, the husband insists on divorce, and the wife wants to save her husband's heart so that the family can continue to exist. Two people can live separately for a while, and during this time you choke your own thigh, hold back, and don't contact him. As you contact him, the more he will feel bad and the more you will have a negative impression in his mind.
As a wife, I can understand your thoughts, because the two of them have fought together for this family, and it is indeed a little reluctant to discard it. If the woman has this wish, she should not give up casually, but should make the last effort to fight for it as hard as she can.
I thought that what the woman had to do was, "Break up the relationship and incur the reasons why the husband insisted on divorcing" and stop in-depth analysis, whether it was the fault of the woman, if it was formed by the woman's fault. The woman should muster up the courage and sincerely apologize to her husband in order to ask for her husband's forgiveness. If the relationship is broken up due to the husband's fault, and the husband insists on divorce, then there is no need to keep it.
As the saying goes: "The twisted melon is not sweet", even if it is not separated, the husband's heart is not at home, that is, in the idiom, "the heart is in Cao Ying's heart is in Han", such a life will bring more chagrin to the woman, it is better to fulfill him.
After the divorce, the woman should not be sad, wipe away her tears, live with a pessimistic attitude, find a new partner, and invent a heavy life.
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You should sit down with him and communicate well, if he still insists on divorce, divorce him, even if you are reluctantly together, you will not be happy in the future.
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You should divorce your husband, this marriage is meaningless even if you stick to it, so you should choose to divorce.
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He should be divorced, because he doesn't want to be with you anymore, and if you keep getting back, you'll make yourself psychologically unbalanced.
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should be separated, because he doesn't want to go all the way with you, and if he keeps redeeming it, he will make his psychology unbalanced.
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Summary. If you have been in the branch for more than two years, you can directly sue for divorce.
If you have been in the branch for more than two years, you can directly sue for divorce.
<> the wife wants to divorce and the husband does not agree, the woman can directly go to the court to file a divorce lawsuit, and the court will make a judgment according to the circumstances of both parties. The law stipulates that if the parties agree to divorce and do not agree to divorce, they may choose to divorce by litigation, and the party requesting the divorce will file a divorce lawsuit with the court, and the court will make a judgment based on the circumstances of both parties. Where one party has bigamy, cohabitation with others, domestic violence, or other such circumstances, and the court's mediation is ineffective, the divorce shall be granted.
The premise of a litigated divorce is that the relationship between the parties has broken down, and if it cannot be proved that the relationship between the parties has broken down, it is not conducive to the court to grant a divorce. <>
Dear Kiss, Hello "Civil Law of the People's Republic of China" Article 1079 [Suing for Divorce] 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) 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 situations where the relationship between the husband and wife has broken down. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
<> you can tell me why you want to get divorced.
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