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If the parties in this case want to divorce, they can unilaterally sue for divorce in court if the woman leaves. At the same time, since the woman "eloped" with another person during the marriage, the court can grant a divorce to both parties. According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant department may mediate 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 should be granted.
At the same time, due to the woman's "elopement", the husband can file for divorce damages when he sues on suspicion of abandoning family members. According to Article 46 of the Marriage Law, if any of the following circumstances results in divorce, the innocent party has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.
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Does it mean that the wife took away all the marriage certificates?
You can go to court to sue for this.
Wait for a certain amount of time.
If the wife hasn't come back yet.
Then your marriage will be null and void.
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As for the question of how can I divorce my wife who eloped with someone else, the answer is as follows: You can first contact the other party, express your willingness to divorce, and choose to divorce by mutual agreement. This way of divorce is simple, convenient and quick. If the other party does not cooperate or the parties cannot reach an agreement, they can choose to divorce.
These are the two types of divorce that are legally available in our country.
The two types of divorce are described as follows: 1. [Voluntary Divorce Method] If both parties agree to divorce, this type of divorce applies.
The two parties sign a divorce agreement: the agreement specifies the division of property, the ownership of child custody, the method and amount of child support, the method and time of visiting the children, debts and other issues (if there are no items, they can be omitted and not written).
Divorce formalities at the place of permanent residence: In accordance with Article 10 of the Marriage Registration Regulations, both a man and a woman shall jointly go to the marriage registration authority at the place where either of the parties has a permanent residence to register for divorce. (Both parties must be present).
The following basic materials need to be brought to go through the divorce procedures: ID cards (or temporary ID cards) and household registration books of both parties Two recent 2-inch personal bareheaded photos of each of the parties Divorce agreement (in triplicate) 2 [Method of divorce] If one party requests a divorce and the other party does not agree, you can choose to divorce.
Writing a Divorce Petition: Asking the divorcing party to write a written divorce petition. The complaint indicates the basic information such as the name and address of the person (defendant). Indicate specific demands: child support issues, property division issues, etc. Write down the reasons for the divorce.
Filing a divorce petition with jurisdiction: Divorce is a civil litigation case and is handled in accordance with civil litigation procedures.
Article 21 of the Civil Procedure Law: Civil lawsuits brought against citizens shall be under the jurisdiction of the people of the defendant's domicile; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people of the habitual residence have jurisdiction.
Interpretation of judicial terms] [place of residence] refers to the place of permanent residence (place of household registration). "Habitual residence" refers to the place where a citizen has resided continuously for more than one year at the time of leaving his or her place of residence. However, this does not apply to places where citizens are hospitalized.
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If the wife elopes with someone else and does not go home, for this case, you can go through the divorce procedures, as long as the other party gives you more than two years of separation, you can go to the court to sue for divorce, even if he is not present, you can also handle the divorce
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If your wife eloped with someone else, in this case, you should go through the divorce procedures, and for the divorce procedures, you can choose to sue for divorce because the other party eloped with someone. You have completely betrayed your marriage, so you should choose to sue for divorce.
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You can sue for divorce through the court to protect your legitimate rights and interests, your wife ran away and eloped with someone else, and suing through the court will help you resolve the divorce. Both parties have to agree to go to the Civil Affairs Bureau to handle the divorce with their ID cards and household registration books, and both parties have to agree to divorce
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You should communicate well with your wife, after all, he has eloped with someone else, it is better to come back directly to get the divorce certificate, which is good for both people, generally if you are alone, two people will automatically divorce after about three years of separation.
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If your wife eloped with someone else, you can call the police and ask the police for help, and then you can also ask for help from the sex law, file a lawsuit with the court, and then you can divorce your wife.
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If your wife has eloped with someone else and you don't want to live with this person, you can go to court to sue for divorce, and the other party has committed bigamy, so that you can protect your marital property in the best interest.
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You can go to court to sue your wife and get your wife to come back and divorce you through legal means. Because now you can't find your wife, you can only find your wife through legal means.
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You can talk to her, if you can't get together and you can get a divorce, you can find what you like, you can give each other happiness, you should let go.
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First, you can directly file a divorce lawsuit with the court, second, declare that the other party's whereabouts are unknown, and third, wait for the court's judgment, and then you can.
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If you elope, you can also find his family or good friend and inform him to come back for divorce.
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You can go to court to sue your wife, she is violating some laws by doing so, and this is also the most legal way to deal with it.
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It is necessary for two people to handle it together, and provide the ID cards of two people and the marriage certificate of two people to the Civil Affairs Bureau.
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When the whereabouts of the wife elopement are unknown, the only way to divorce is to file a lawsuit, including the following procedures:
1. Drafting complaints;
2. Prepare the evidence required for the lawsuit;
3. Submit the complaint and evidence to the court of competent jurisdiction;
4. The court decides whether to accept the lawsuit;
5. After the court accepts the divorce case, it shall send a copy of the complaint to the other party within the statutory time;
6. The court arranges the first time and sends a summons to both parties;
7、**;8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support according to the plaintiff's claim and the evidence submitted by both parties.
1. The process of suing for divorce by the court.
The procedure for suing for divorce is:
1. Write a divorce complaint;
2. Prepare the evidence required for litigation and divorce;
3. Submit the divorce complaint and evidence to the court with jurisdiction;
4. The court decides whether to accept the divorce lawsuit;
5. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time;
6. The court arranges the first time and sends a summons to both parties;
7. **: Both parties can entrust a lawyer or other professionals** to file a divorce lawsuit;
8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support according to the plaintiff's claim and the evidence submitted by both parties.
2. What are the procedures for litigation divorce, and what documents are required for litigation divorce?
Litigation for divorce needs to be continued:
1. Entrust a lawyer to draft a complaint;
2. Prepare the evidence required for the lawsuit;
3. Submit the complaint and evidence to the court of competent jurisdiction;
4. The court decides whether to accept the lawsuit;
5. After the court accepts the divorce case, it shall send a copy of the complaint to the other party within the statutory time;
6. The court arranges the first time and sends a summons to both parties;
7. **: Both parties can entrust a lawyer or other professionals to litigate (under normal circumstances, the parties to the divorce must appear in court, and if they cannot appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce);
8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support according to the plaintiff's claim and the evidence submitted by both parties.
Documents required to sue for divorce:
1. Original and 2 copies of marriage certificate;
2. Original and 2 copies of ID card;
3. The indictment, which should contain the basic information of the identity of the plaintiff and the defendant, the litigation claims, the facts, and the reasons for talking about Brother Qin;
inch ** sheet.
According to Article 1079 of the Civil Code, 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.
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If the other party does not agree, you can file a lawsuit directly with the court to ask for a divorce.
If the other party does not cooperate with the marriage certificate, it does not matter, the contents of the marriage registration can be checked by the Civil Affairs Bureau.
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You need to negotiate to go through it together, or your wife needs to sign the divorce agreement.
Otherwise, the only way to get a divorce is through litigation.
According to the relevant provisions of China's Marriage Law and judicial interpretations. Three years of separation can be a factor in determining the breakdown of the relationship, but whether the court decides a divorce depends on the circumstances.
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