What should I do if I can t get divorced by agreement, and what should I do if I can t divorce by ag

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.

When the court hears a divorce case, it will first conduct mediation, and if the mediation fails, it will enter the trial stage, and if it is believed that the relationship between the husband and wife has indeed broken down, it will make a judgment to grant the divorce, 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, 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.

At present, the law stipulates that the only divorce methods are divorce by agreement and divorce by litigation, and if the husband and wife fail to divorce by agreement and cannot reach an agreement in divorce, then they can only divorce by litigation; If you can't reach a divorce agreement and you don't want to file for divorce, then you can't get a divorce.

Legal analysis: In the case of a false statutory situation, except for the situation of marriage registration without changing the reputation of the person who needs to be specifically analyzed, when the divorce cannot be agreed upon, the marriage relationship can be dissolved by the court through litigation. When the court hears a divorce case, it will first conduct mediation, and if the mediation fails, it will enter the trial stage, and if it is considered that the relationship between the husband and wife has indeed broken down, it will grant the divorce.

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 husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, 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.