I want a divorce. But the other party has not shown up.

The law stipulates that if a husband and wife have been separated for more than two years due to emotional discord, they shall be granted a divorce if the mediation by the court fails. Two years of separation is only one of the statutory circumstances under which a divorce should be granted, and it is not a prerequisite for filing for divorce. You can sue for divorce now, and the court will generally grant a divorce, and then if you sue for divorce after 6 months, the court will generally grant a divorce.

According to Article 32 of the Marriage Law, one of the statutory grounds for divorce is "separation for two years due to emotional discord". This refers to the legal grounds for divorce filed by the husband and wife due to separation, and this statutory ground for divorce consists of two necessary elements, the absence of which does not constitute a legal ground for divorce. The two must-haves are:

1. Due to emotional discord; 2. Those who have been separated for two years. There are two types of separation between husband and wife: The first is caused by objective reasons, such as the husband and wife working in two cities respectively and there is no condition for cohabitation, and the situation of separation of husband and wife is not due to emotional discord, even if the husband and wife have been separated for two years, it does not meet the legal grounds for filing for divorce due to "separation due to emotional discord".

The second is caused by subjective reasons, such as the foundation of the marriage is not solid, and the husband and wife have not cultivated their feelings after marriage and have been separated for two years, which meets the legal grounds for divorce due to emotional discord. The calculation method of the "two-year" period of "separation for two years due to emotional discord" is as follows: 1. Calculated from the second day of the last cohabitation jointly agreed by the husband and wife who filed for divorce to the day on which the divorce proceedings were filed (the petition was filed with the people's court); 2. The time of separation shall be counted consecutively.

Sue for divorce, the other party shows up, and the court will announce it.

The procedures for divorce without showing up are as follows: the first party can file a lawsuit with a court of competent jurisdiction, and it is generally necessary to provide the defendant's domicile, habitual residence and other mailing addresses; Where the court decides to accept the case in accordance with law, it may serve the prosecution materials through means such as public announcements; In the course of the court's trial, if the defendant is summoned by summons and refuses to appear in court without justification, a judgment may be rendered in absentia.

[Legal basis].

Article 143 of the Civil Procedure Law.

Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be made in absentia.

Article 144.

Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.

Article 145.

Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the civil court is to rule on whether or not to allow it.

Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

Sue for divorce without the consent of the other party. If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. If a man or a woman requests a divorce, the relevant departments 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.

In any of the following circumstances, if mediation fails, a divorce shall be granted: first, bigamy or cohabitation of a spouse with another person; second, committing domestic violence or abusing or abandoning family members; Third, those who have bad habits such as gambling and drug abuse that they have repeatedly been taught; Fourth, they have been separated for two years due to emotional discord; Fifth, other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

If it can be proved that the relationship between the husband and wife has indeed broken down, even if the other party does not show up, the court will issue a divorce decree.

1. The Civil Code stipulates that if the wife is homosexual, can a husband ask for a divorce?

If the relationship breaks down, it can seep through to ask for a divorce. If a man or a woman requests a divorce, the relevant departments 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.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (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 do not change after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2. Can my wife get a divorce if she is mentally ill?

Yes, whether or not to divorce mainly depends on whether the relationship between the husband and wife has broken down, and if one of the men and women requests a divorce, the relevant departments 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. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances of banquets that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Lawyers' Division:

If the divorced party does not show up, the court may make a default judgment if the defendant does not appear in court, and if the plaintiff does not appear in court, the court will handle it as withdrawing the lawsuit. If the defendant does not appear in court, if the court finds that the relationship between the parties has indeed broken down, it may make a default judgment to 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 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 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 the 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

In this case, you can go to the court to sue for divorce, and the court will send him a leaflet. But why do you want to get divorced, why don't you show up, who is sorry for whom, is there any possibility of reconciliation, if you can not divorce, try not to leave.

In addition to going to the Civil Affairs Bureau to agree a divorce, you can also go to the court to sue for divorce, of course, you have to consult a lawyer. There are now legal aid lawyers in every city that can help women.

Of course, you can use a third party to understand the man's thoughts, what are the requirements, after all, we are a husband and wife, if there are any problems, you can sit down and talk, even if there is a conflict, since it has reached the stage of preparing to break up, try to solve the problem based on negotiation and mutual understanding!

However, keep in mind that the law is one means you should be able to use it!

It is difficult to say that the situation is unclear, from a legal point of view, the key is to see whether the relationship between you and you have broken down, and there is evidence to prove it, if so, in this case, you can apply to the court for a default judgment, that is, to the court to resolve the lawsuit.

If one party insists on the divorce, and the other party has not shown up, then you can go to the court to sue for divorce, so that even if the other party does not appear in court, the court can still grant a divorce.

It is best to get together and disperse, if the man has not shown up, then he can go to the court to sue, and the man can be divorced without the man's appearance!

If you are determined to get a divorce. Even if the man has not shown up. You can also sue for divorce in court.

What should I do if I want to divorce the man who has not shown up? You can sue for divorce. Directly call the court to sue him, and then the court will contact him.

And then the first time he'll be when you tell you to go there. Out-of-court mediation. If you insist on a divorce.

Well, yours. If the husband agrees, it's fine. There is a decree that decrees that you are divorced.

If the man does not agree, then he can only sue for a second time, and then the court will give a hard sentence.

Usually, in this case, you can go to court first. Under normal circumstances, if you file a lawsuit, you will not be sentenced for the first time, and you will wait for half a year later. You sue in the second regardless of whether he appears or not. The court will automatically grant a divorce.

What should I do if I want to divorce the man who has not shown up? If you want to divorce and the man has not shown up, you can sue the court, and the court will confirm that your feelings are not in harmony with him and he will not appear in court, and you can also be sentenced to divorce, and you can automatically dissolve the marriage contract after half a year from the date of receiving the judgment.

Sue, otherwise you have no way, let him know that it is meaningless to drag you and drag himself, so that we can get together and disperse, and we are still friends later.

If the reason for the divorce is that there is a problem on the man's side, it is a major matter. You can try to go through the legal process to force him to meet or divorce.

A woman must have reached the point of last resort if she wants to divorce. Go to the court to sue, as long as you have been separated for more than half a year, the court will send a leaflet to the man!

Go to the court to sue first, the court will issue a summons to pass, and then someone else will appear, and you can unilaterally file for divorce if you have proof of separation for 2 years.

Go straight to the court to sue for disappearance and divorce. He didn't show up for 2 years, he was declared missing, and everything was easy to do.

You can sue directly, and when the court makes a judgment, if he doesn't show up, the court will sentence him directly

If you want to divorce, the man has not shown up, so he will go to the court to sue, there is a communication platform, and the problem will be solved.

Hello. You can go directly to court to sue for divorce.

If he never goes to court to appear in court.

The court will judge him in absentia.

If you insist on a divorce, you can go to court and sue for it. According to the legal procedure, the court can rule on the divorce.

Hello. If you encounter such a situation, you can go to the court to sue for divorce, and the court will make a judgment.

You can go to court and sue and tell the court that the relationship has broken down and you haven't lived together for several years, so the success rate will be a little greater.

Then sue directly, this is nothing. As long as the legal process is carried out, then it will be fine.

What should I do if I want to divorce the man who has not shown up? The Marriage Act stipulates. Separated for six months. You can get a divorce.

If you want to get a divorce, if the man drags on by not showing up, you can go to the court to apply for a divorce.

wanted to divorce, but the man never showed up, and after a long time, the court automatically handled the divorce.

As long as they have been separated for more than three months, the marriage is in name only, and they will go to the court to sue directly.

You can sue for divorce, and if you don't show up, you can handle it in court, and you can wait for the notice.

It is possible to file a lawsuit in court and solve it with the law! This is the most feasible.

The court applies for a compulsory divorce, and the divorce is automatic after a certain period of time.

You can go to court and file a lawsuit for more than three months before you can officially divorce.

If you want to get a divorce, there are two ways to get a divorce

1. If both parties agree to divorce, negotiate the joint property of the husband and wife and the custody of the children, and then bring the ID card and household registration book to the civil marriage registration office to register the divorce and receive the divorce certificate.

2. If one party files for divorce and the other party does not agree to the divorce, or does not show up, it is necessary to go to the court to sue for divorce and solve the divorce problem through the legal channel of mountain rent litigation.