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Through his parents, talk to his parents and let them do his work.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
You can't get a divorce by agreement, you can only sue. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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If there is a separation now, it seems that the law says six months, of course, during this period, it is necessary to provide evidence of separation, that is, to prove that the other party did not pay due responsibility to the family or the other party during this period (within the scope of ability).
Hehe, I wish you all the best.
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Turning to the Women's Federation is a good way to do it.
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Don't go to court, the two agree to divorce, your husband doesn't leave, he still cares that you still want a complete home, responsible for the family, don't think about it impulsively.
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You have to say who's at fault first, and then we can find a good way to help you out.
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Divorce is possible after 2 years of separation. Be careful.
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Legal analysis: You can go to court to sue for divorce. It is necessary to file a divorce complaint, marriage certificate, ID card, and household registration book to the basic level court of the defendant's place of residence or the place where the defendant has lived for more than one year. I hope it will be helpful to you, if you still have questions, you can call for free consultation.
The law is based on:
Marriage Law of the People's Republic of China Article 32 Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. The 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;
4) 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 to have lost his or her fortune and the other party files a divorce lawsuit, the divorce shall be granted. The above is the problem of your wife, who is cold and wants to divorce, how the court will decide.
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1. How to divorce.
1. The way of divorce is as follows:
1) Divorce by agreement, if both parties can agree to the divorce and reach a divorce agreement through consultation on a series of divorce-related issues such as property division and child support, they can go to the marriage registration machine to register the divorce
2) If the parties are divorced by litigation, the party suing for divorce can be divorced by the court as long as they can provide sufficient evidence to prove that the relationship between the husband and wife has broken down, and the court mediation is invalid, and the court will be sentenced to divorce and the divorce will be successful.
2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China.
Where the 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 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 time limit 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. What are the procedures for divorce by agreement?
Procedures required for uncontested divorce:
1. One of the parties files for divorce;
2. The two parties negotiate the division of property and the handling of child support after the divorce and sign the divorce agreement
3. Both parties apply for divorce registration at the marriage registration authority
4. The marriage registration authority shall conduct a review, and if the conditions are met, the divorce shall be registered and the divorce certificate shall be issued. When divorcing, it should be noted that the divorce must be consensual.
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The procedure for divorce of husband and wife is:
1. Wang Fuzhi divorces by agreement, and both husband and wife apply for divorce registration at the marriage registration authority where one party's household registration is located, and submit the marriage certificate, ID card, and divorce agreement, and after a 30-day divorce cooling-off period, obtain a divorce certificate and complete the divorce registration.
2. Litigation divorce, one party sues for divorce to the court of the defendant's domicile or the court of the defendant's habitual residence;Then submit the indictment, ID card, household register, marriage certificate, evidence of relationship breakdown, and other materials;The court will conduct mediation before **, and if the relationship breaks down and the mediation fails, then the trial will be held, the court debate will be concluded, and then the mediation will be conducted again, and if the mediation fails, the divorce will be decided.
According to Article 1076 of the Civil Code, if the 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 opinions reached through consultation on matters such as child support, property, and the handling of debts and debts.
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