The woman has not been called home and has not come back, I want to divorce her, what procedures do

Updated on society 2024-03-08
3 answers
  1. Anonymous users2024-02-06

    Legal analysis: If the wife who has not divorced does not return home, the specific circumstances should be considered, first of all, to see whether there is a situation of litigation divorce, bigamy or cohabitation with others by a spouse, or separation for two years due to emotional discord. If you meet the conditions, you can directly sue for divorce.

    If there are no specific circumstances, a divorce by mutual agreement is required. If one party cannot find anyone and the other party sues for divorce, the court shall grant the divorce.

    Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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:Within 30 days of 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

  2. Anonymous users2024-02-05

    A party's absence from home for a long time can be used as evidence of divorce. The breakdown of the relationship between the husband and wife is a legal condition for a divorce. A party's long-term absence from home may lead to a breakdown of the relationship, which falls under other circumstances that lead to a breakdown of the relationship as stipulated in the Civil Code.

    Legal basis: Article 1079 of the Civil Code stipulates 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, divorce shall be granted: (1) bigamy or cohabitation with another person; 2) Violence or abuse or abandonment of family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

  3. Anonymous users2024-02-04

    A party's absence from home for a long time can be used as evidence of divorce. The breakdown of the relationship between the husband and wife is a legal condition for a divorce. A party's long-term absence from home may lead to a breakdown of the relationship, which falls under other circumstances that lead to a breakdown of the relationship as stipulated in the Civil Code.

    Article 1079 of the Civil Code stipulates that if one of the spouses 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 a family member; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

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