Legal Appeal: What happens if one party does not agree?

In accordance with the Marriage Law of the People's Republic of China

Article 32: Where one of the husband and wife requests a divorce, the relevant unit or the people's court may conduct mediation.

The people's court hearing a divorce case shall conduct mediation, and where the relationship has truly broken down and the mediation is ineffective, the divorce shall be granted.

In any of the following circumstances, mediation is ineffective and a divorce shall be granted

1) Bigamy or cohabitation of a married person with another person 2) Domestic violence 3) Gambling and drug abuse and other vices that have been repeatedly taught 4) 5) Those who have been separated for two years due to emotional disagreement 5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

If one of the spouses is declared missing and the other spouse requests a divorce, the divorce shall be granted.

To sum up, if one spouse requests a divorce and the other party does not agree to the divorce, the matter can only be resolved through litigation procedures.

However, it should be reminded that unless the party who files for divorce can prove that the other party has bigamy, long-term and stable cohabitation with others in the name of husband and wife during marriage, domestic violence, gambling and drug abuse, and has repeatedly refused to change his ways.

Divorce proceedings in which there is a discordant relationship are the first statutory circumstances under which divorce is adjudicated.

Otherwise, Filing for Divorce on the Basis of Emotional Discord Simply In judicial practice, the people's court will basically not grant a divorce in the first instance.

Because the court has to give the parties ample time to consider making such a major life decision.

If one of the parties to the divorce is required to file a divorce lawsuit again six months after receiving the judgment denying the divorce, the people's court will consider that the relationship between the parties has indeed broken down and grant the divorce.

Go to your local court and sue for divorce! That's all there is to it! Hope!

1. Divorce is agreed upon by both parties;

2. When the agreement is not reached, you can sue for divorce.

I want to divorce what if the other party does not agree.

Divorce does not require the consent of both parties, and if one party does not agree, the divorce can be litigated by the court.

If one party does not agree to the divorce, the other party can sue the court for divorce.

1. [Legal Basis for Suing for Divorce].

Article 32 of the Marriage Law: If a man and a woman request 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.

2. [Methods of suing for divorce].

1.Write a divorce petition:

Ask the divorcing party to write a written divorce petition. The complaint indicates the basic information such as the name and address of the defendant (defendant). Indicate specific demands: child support issues, property division issues, etc. Write down the reasons for the divorce.

2.Filing a divorce petition with a court of competent jurisdiction:

Filing for divorce is a civil litigation case and is handled in accordance with civil litigation procedures. Article 21 of the Civil Procedure Law stipulates that the people's court at the place where the defendant is domiciled shall have jurisdiction over civil litigation brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

3. [Interpretation of Judicial Terms].

Domicile] refers to the place of permanent residence (place of household registration).

Habitual residence] refers to the place where the citizen has resided continuously for more than one year from the time he leaves his or her place of residence until the time of the indictment. However, this does not apply to places where citizens are hospitalized.

If the divorce negotiation fails, you can sue the court, and it is recommended that both parties communicate, remember the good of others, do not divorce easily, it is not easy to come together.

According to the provisions of the Marriage Law, one party may sue for divorce, but if the court fails to mediate, and the relationship between the two parties is indeed broken, the court may grant a divorce in accordance with the law.

You can communicate again calmly.

Divorce Procedure].

If you can reach a consensus, you can first entrust a lawyer to design a set of divorce legal plans, and then the lawyer will draft and review a divorce agreement, and then take the divorce agreement, ID card, marriage certificate and other materials to the Civil Affairs Bureau to agree on divorce.

If you can't reach a consensus, you can only entrust a lawyer to go to court to file a lawsuit. If the other party has already sued you, as the defendant, you can only appoint a lawyer to respond to the lawsuit.

The "Handling Principle" of Divorce by Mutual Agreement].

Divorce by mutual agreement is entirely voluntary, as long as both of you can reach an agreement (and do not maliciously harm the interests of others), you can do whatever you want, and the law generally does not interfere.

In addition, in the case of joint debts, even if there is a divorce by mutual agreement, in principle, they must still be jointly liable.

Principles for the division of property in litigation divorce].

In the case of divorce by litigation, the joint property of the husband and wife shall be divided equally in principle; On the basis of equal shares, due care is given to the woman and the parent who is directly raising the child.

It should be noted that litigation divorce can only divide the joint property of the husband and wife, not the personal property. In principle, the property of Gao Youshou obtained after marriage is the joint property of the husband and wife, but there are exceptions, which need to be handled by a lawyer, and it is not something that Qi Shu can explain in one or two sentences.

Principles for Handling Child Support in Litigation Divorce].

In principle, children under the age of 2 should follow the woman; Children over the age of 10 should be listened to; Children between the ages of 2 and 10 are dealt with in accordance with the principle of conducive to the development of the child.

The time difference between the two types of divorce].

If you divorce by agreement, it can be done in half an hour.

In the case of divorce by litigation, if the legal conditions (such as domestic violence) are met and the evidence is sufficient, the divorce can generally be granted within 3-6 months. If the statutory conditions are not met, or if the statutory conditions exist but the evidence is insufficient, it generally takes 6-12 months before the judgment can be granted.

There are two ways to divorce: agreement and lawsuit. There is no such thing as a "quick divorce", and there is no such thing as "two years of separation, automatic divorce" (this is pure rumor).

If the divorce by mutual agreement fails, there is only one way to go. Since there is only one way to go, there is nothing to think about.

For other questions, please refer to the references, which have very detailed answers. The above answers are for reference only, please consult the local lawyer for details, and non-Shaanxi Province parties should not dial** (Shaanxi Province parties please retain a lawyer** for easy contact).

I'm going to leave the slippery marriage, and I'm going to do something about the different sides of the cave.

Hello! Then you can file a lawsuit in court.