How sure is the divorce being decided in this divorce lawsuit? 5

Article 32 of the Marriage Law 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.

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 missing and the other party initiates divorce proceedings, the divorce shall be granted.

It is still relatively rare to have divorced so many times and have not yet left. According to the above provisions, you meet the conditions of item 4, and if there is evidence that you have been separated for two years, there should be no problem in granting a divorce.

If it is indeed in the legal sense.

It has been 2 years and 4 months since we separated.

This is evidence of a true breakdown of the relationship, and it should be dismissed.

Divorce for more than two years can be divorced, as long as there is a provision in the marriage law, you can cite the provision, have you found the provision and cited it?

The first few times it was dismissed for what reason, generally speaking, two lawsuits can be used to grant a divorce!

Legal Analysis: If one party is not grossly at fault, suing for divorce will not necessarily grant a divorce.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the spouses requests a divorce, the organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation, and if the relationship has truly broken down and mediation is ineffective, they shall grant a divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) Bigamy or cohabitation with others, (2) Committing domestic violence, or abusing or abandoning family members, (3) Having bad habits such as gambling and drug abuse, and persisting in repeated teachings, (4) Living apart for two years due to emotional discord, or (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.

If you want to achieve the goal of dissolving the marriage relationship in one lawsuit, you need to prepare sufficient evidence that meets the conditions for divorce, and the court's judgment will be based on the plaintiff's litigation claims and provide corresponding evidence.

[Legal basis].According to Article 1079 of the Civil Code, which came into force on January 1, 2021.

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) Having bad habits such as gambling and drug abuse;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Legal Analysis: Not necessarily, first of all, the people's court's decision on whether to divorce is based on the general principle of Wei Zeli destroying family stability and promoting social harmony, so it is more cautious about deciding divorce cases. Secondly, the current relevant laws clearly stipulate that the court will only grant a divorce if the relationship between the husband and wife has indeed broken down in accordance with the statutory provisions of the Marriage Law.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the civil lawsuit accepted by the Sun Beimin People's Court and the jurisdiction of the people's court receiving the lawsuit.