It s been a month since my husband died, so I can t file for divorce?

Divorce has nothing to do with being missing for a month, if there are other family disputes, or emotional problems, you can go directly to the court to file for divorce.

In your case, you can sue, and you will be divorced after suing several times in a row.

You have to report to the police first, and the court will only rule on divorce after a few years of disappearance, and the divorce conditions have not been met for a month.

Do you have an exact explanation for why your husband disappeared? If you disappear for no reason, it is estimated that you can't get a divorce, even if you are separated, it will take at least 8 months, this is not sure, you still have to consult.

No, you must first go to the police station to report the disappearance, and only after 2 years can you apply to the court for a reduced divorce.

1.Declared missing, and then sued for divorce in court.

Article 20 of the General Principles of the Civil Law: Where a citizen's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration of his missing persons. Where their whereabouts are unknown during the war, the period of their whereabouts is unknown is calculated from the date on which the war ends.

Article 21 of the General Principles of the Civil Law: The property of a missing person shall be held in trust by his spouse, parents, adult children or other close relatives or friends. Where there is a dispute over custody, and there is no person provided for above or the person provided for above is incapable of custody, the person designated by the people's court is to take custody of it.

Paragraph 4 of Article 34 of the Marriage Law: If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

If you have been missing for a month, you must first report to the police, and if you file for divorce, I am afraid that the court will not accept it.

Divorce can be done at any time, just go to court and sue for divorce, but the most important thing now is to find someone.

If you are missing, go to the police to look for it, instead of saying that you are missing and go to the divorce, so what is your response? Do you two still care about your relatives a little bit?

The People's Court for the Place of Plaintiff's Domicile Has jurisdiction over cases where one of the spouses has been absent from the domicile for more than one year and the other party sues for divorce. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.

OK. Just sue directly.

It's just a month, you can bring this up, but whether the court decides a divorce is another matter, because it's only been missing for a month, maybe the nature of the disappearance hasn't been determined, so if it's not good, you can try.

When my husband disappeared, I called the police, and I was still stunned for what to do.

If you have been missing for a month, you should choose to report it to the police. And that's it. It is not possible to file for divorce. Unless the period is more than three years. before you can go to the court to apply for divorce.

Possible. When everyone has an impulse, there is a difference in thought, and it is necessary to maintain a good attitude. There are unsatisfactory things in life, since there are concerns, let's maintain them!

The formalities (process) of divorce proceedings are as follows:

1. Go to the people's court to file a lawsuit application with the court. Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If both of you do not live in the same place, you will have to file a lawsuit at the man's place of residence according to the principle of "plaintiff against defendant".

When filing for divorce proceedings, the following documents must be provided:

a. Petition for divorce (in triplicate).

b. Hukou booklet.

c. ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.).

d. Marriage certificate.

2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.

3. After accepting the case, the case filing division of the court will transfer the case to the civil division for trial.

4. After the civil division accepts the case, it issues a summons to the man, requiring him to appear in court at a certain time to respond to the lawsuit. At the same time, the court will also notify you to appear in court.

5. After both parties arrive in court, the court will mediate (this is a necessary procedure). There are 3 types of mediation outcomes:

a.If both parties are willing to maintain the marriage after mediation, you will withdraw the lawsuit and the marriage will continue to be valid.

b.After mediation, if he agrees to your divorce request and deals with the children and property issues, you will withdraw the lawsuit and both parties will go to the marriage registration office to register the divorce.

c.After mediation, you insist on a divorce and he does not agree, or if both parties agree but there is a dispute over the handling of the children and property issues. The court will hear and make a judgment.

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce. Article 32 of the Marriage Act provides for the following exemplary statutory grounds for granting a divorce:

a.bigamy or cohabitation of a spouse.

b. Committing domestic violence or abusing or abandoning family members.

c.Those who have bad habits such as gambling and drug abuse, and who do not change their ways.

d.Separated for 2 years due to emotional discord.

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

If you don't want a divorce, you have to change yourself.

You know for yourself that you are being vexatious.

Put down the shelf, be brave to admit your mistakes, promise to change, and there may still be hope!

I think it's best not to be like the patient who recovered because of cerebral hemorrhage before his wife filed for divorce, even if he recovered, he couldn't be too excited and excited, he was not good for the condition, and he was afraid of it again, so it would be troublesome, for the sake of his own health, he or endure it, wait and see what happens, if he can get by, if he still has feelings for each other, for the sake of children and families, he should bear with him more, understand more, and live well. Let's discuss the divorce first, and now remember not to be too excited, it's really bad for your health, I hope it can help you.

There is no provision that one spouse cannot file for divorce while the other spouse is sick, as the law protects the right of citizens to freedom of divorce.

At the same time, if the divorce is chosen by litigation, then whether the court decides whether to divorce the parties is based on whether the prosecution's grounds for action are sufficient. According to paragraph 2 of Article 32 of the Marriage Law (Amendment), "the people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

This provision shows that after a man and a woman file for divorce, whether or not to grant a divorce does not depend on whether the other party agrees to the divorce, but on the basis of whether the relationship between the husband and wife has indeed broken down and whether the mediation has been invalid.

Yes, if you don't agree, you can appeal.

You hit bai, it's not right for you, but yours.

Du mood can zhi

Understand. You should choose a more reasonable way for the DAO to deal with it!

Since he doesn't change his bad habits, you should divorce him! He is a man who lacks a sense of responsibility. Your happiness is in your own hands, the result of your own choice, not given by others.

Be responsible for your own happiness! Be brave enough to say no to unbearable living conditions! The most painful thing is not the tragic encounters, but the "acquiescence" to those encounters.

If you get divorced, the money he borrowed from gambling should not be repaid by you, you call 12348 legal advice to ask.

People will really encounter a lot of incredible things in their lives, think about it from another angle, if you can't change him, just learn to change yourself, it seems that your husband really has a lot of shortcomings, if you still want to continue to maintain this family, then start with your own change, people are together is a kind of fate, you also have to find your own reasons, what is the situation that causes your husband's shortcomings, but I admire you, you can start beating a man, your husband still loves you, Because he didn't hit you, think about it, calm down for a while, and then make a decision, so that your husband can think about it too, after all, he is the head of the family and has a lot of responsibility.

Talk to him well, men will beg you a few times with a gentle personality, and you can also let him change his temperament and cultivate a good husband by yourself, good husbands are cultivated! It's like a child, a good boy who doesn't play out!

There is no need to write letters to your children because you have the right to visit your children every month after the divorce! If it's not convenient for you to visit your child every month, you can also tell your child everything at a later convenient time! Give him some compensation! Ask for your child's understanding!

Write a letter to the child now, it is estimated that he will not understand too much, you have been together for 8 years, the child is only a few years old, you draw a children's painting for the child, write that you will always love the baby.

Does this still need to be taught? Love is born from the heart, not to mention flesh and blood.

You have suffered since you left your child

Any words are superfluous, and since you have chosen to leave, you don't need to say anything.

If you have only been together for half a year, then the child is still very young, will you not see the child again after you divorce? You can tell your child that you have your own inner thoughts, and express your love for her, and that you really can't live with his father, in this case, you are better than dead, beg her to forgive yourself, and you don't give him a complete family, mainly insurance, and in order to express your love for her, and you must meet him often in the future, otherwise, his growth is not sound.

Yes, but if the couple has been in a sexless marriage for more than 3 years or separated, they can get an unconditional divorce.