What to do if one party wants to divorce and the other party does not agree

[Legal Analysis].If one of the spouses requests a divorce and the other party does not agree, the relevant department may mediate or directly file a divorce lawsuit with the people's court.

If a divorce agreement is reached between the two parties (at least one of whom is participated in the litigation by a statutory person), whether a mediation document should be drafted. Article 94 of the Civil Procedure Law of the People's Republic of China stipulates that "in divorce cases of persons who lack capacity for civil conduct, their statutory persons shall participate in the litigation." Where the statutory ** person requests the issuance of a judgment, a judgment may be drafted on the basis of the content of the agreement."

This article is understood to mean that such divorce cases may be concluded in the form of mediation, or a mediation statement may be issued, and a judgment may be made only if the parties request that a judgment be issued. The divorce issue of a mentally ill person who lacks or has limited capacity for civil conduct shall be decided by the people's court and the case shall be concluded in the form of a judgment, and shall not be concluded in the form of a mediation document.

[Legal basis].Article 1079 of the Civil Code: 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 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: Court MediationAccording to China's law, if one of the men and women requests a divorce, and the other party does not agree, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. When the people's courts of our country hear a case where one party does not agree to divorce, it shall first conduct mediation;

Legal basis: Article 1076 of the Civil Code 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 of the Civil Code: Within 30 days from 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.

Article 1078 of the Civil Code: Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.