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Anonymous users2024-02-07If the other party does not agree to the divorce, he may file a lawsuit for divorce with the court. Divorce by lawsuit is also known as adjudication divorce in theory, which refers to a divorce method in which the court decides whether to grant a divorce request made by one or both spouses by way of adjudication.
Legal basis] Article 32 of the Marriage Law stipulates that if a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
A party suing for divorce may file a lawsuit with the court of residence with the complaint, marriage certificate, ID card, household registration of minor children or birth certificate, and other evidence such as real estate certificate and vehicle registration certificate that can prove that it is joint property of the husband and wife, and ask the court to grant a divorce.
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Anonymous users2024-02-06According to the provisions of China's Marriage Law, there are two ways of divorce: divorce by agreement and divorce by lawsuit. At the same time, it is stipulated that there is freedom to marry and divorce is also free.
If the parties cannot negotiate a divorce, the consent of the other party is not required to sue for divorce. Bring the complaint and relevant evidence materials to the court where the other party is located to file a lawsuit.
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Anonymous users2024-02-051. What should I do if the other party does not agree to the divorce.
1. If one party requests a divorce and the other party does not agree, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. After the court accepts the case, the mediation is invalid, and if the trial finds that the relationship between the husband and wife has indeed broken down, the divorce will be decided.
2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations 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) Have gambling, drug abuse and 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.
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.
2. What is the process of handling a divorce?
The process of going through a divorce is as follows:
1. Divorce by agreement process:
1) Prepare divorce-related documents;
2) Prepare divorce-related materials;
3) The husband and wife must go to the civil affairs bureau of the area where the permanent residence address of the parties is located to go through the divorce procedures;
4) The personnel of the Civil Affairs Bureau reviewed the materials of the Xiang Duan and took back the marriage certificate. and issue a divorce certificate to the parties.
2. Litigation and divorce process:
1) to file a lawsuit;
2) court hearings;
3) Judgment.
If you want to divorce, the other party can only file a divorce if you do not agree. If the wife wants to divorce, the parties can choose to divorce by agreement or divorce by litigation, but the divorce by agreement must be reached by the husband and wife, and if the husband and wife cannot reach an agreement on the divorce, they can only choose to divorce by litigation, and can only file a divorce lawsuit with the people's court. The party who wants to divorce can go to a second, third, or even fourth divorce lawsuit to achieve the purpose of divorce. >>>More
If one party does not agree to divorce, the divorce method adopts the form of litigation divorce, and the specific operation process is as follows: 1. Court mediationAccording to the laws of our country, if one of the men and women requests a divorce, and the other party does not agree, the relevant departments may 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; 2. The court decides that if the court finds that the relationship between the husband and wife has indeed broken down and there is no possibility of reconciliation, the court may make a judgment granting the parties a divorce.
State the grounds for divorce. Under the provisions of the Marriage Act, interference with the freedom of marriage is prohibited. Where a man and a woman request a divorce, they may negotiate and reach an agreement on property and child support, and where both men and women voluntarily divorce, the divorce shall be granted. >>>More
The woman files for divorce and the man does not agree to this situation, I think it is best to solve it through litigation, after all, if you do not agree, you can only do it through a lawsuit.
Under what circumstances can a husband and wife request a divorce? According to the husband and wife who marry and form the same family and live together in the same family, they should respect and understand each other and support each other to maintain the sustainable development of their married life, but once the relationship changes, it is difficult to reconcile, and the parties are unwilling to maintain the relationship between the husband and wife, the husband and wife may divorce by agreement in accordance with Article 1049 of the Civil Code, and if the parties cannot reach an agreement, they may also request the court to grant a divorce and dissolve the marriage relationship between the parties when there are legal reasons under Article 1052 of the Civil Code. In the case of a divorce in the nature of a formation lawsuit, that is, to terminate the marital relationship of the husband and wife by the judgment of the court, one of the spouses who wants to divorce must be the plaintiff, and the other party who does not agree to the divorce must be the defendant, asserting that the marriage has the cause of Article 1052 of the Civil Code, and attaching relevant evidence to request the court of competent jurisdiction for judgment.