Divorce is requested during the period of separation, and whether the separation can be divorced

Updated on society 2024-04-20
4 answers
  1. Anonymous users2024-02-08

    1. In your case, it is not suitable for divorce by agreement, and it is recommended to divorce by litigation divorce;

    2. Litigation divorce is to sue for divorce in the people's court of the defendant's domicile, and the information that needs to be provided is the civil complaint and related evidence, and the civil complaint can be searched on the Internet, which indicates your request for divorce and the explanation of the breakdown of the relationship between the husband and wife.

    3. The fee on our side is 50 yuan per piece, which involves property division, and the total amount of property does not exceed 200,000 yuan, and it will not be paid separately; The part exceeding 200,000 yuan shall be paid according to the payment.

    Supplement: You are from Xiangxi, Hunan, and only people over there may know the exact cost, but the 50 yuan per piece I said is the number of regulations on our side, and the range of fees in courts across the country is between 50-100 yuan, but the part involving the division of property is stipulated by the state, and you can refer to it with confidence.

    Addendum 2: Do you ask what the cost of these thousands of dollars is, is it the cost of paying to the court or the cost of hiring a lawyer? Of course, there will be some additional fees in addition to the fees I mentioned (mainly depending on whether the court provides these services), but these have fee regulations, and you can ask the lawyer to list them for you.

  2. Anonymous users2024-02-07

    You can go to your local judicial office and ask for it

    Or a law firm.

    You can all ask

    If you don't know somewhere, just call 12580 and ask!!

    But be careful!!

    I also feel that such a person is not suitable for you

  3. Anonymous users2024-02-06

    Filing for divorce does not require separation. However, if the plaintiff wants the court to make a judgment on the divorce of both parties, it needs to prepare sufficient evidence that meets the conditions for a divorce, and the court will make a judgment based on the plaintiff's litigation claims and the corresponding evidence.

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

    If one of the husband and wife requests a divorce, the relevant organization 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 addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

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

  4. Anonymous users2024-02-05

    Separation means that the husband and wife no longer live together and are in a state of independence from each other. Although the parties are still living in the same house, the real situation is that the parties are in the same house but have lived separately; They don't help each other in life, they don't interact with each other financially, and they don't even have sex with each other. If the parties have no objection to the fact of separation, and the act of separation is the result of the expression of the will of one or both spouses, it is entirely possible to assume that the parties have constituted a separation.

    If you have been separated for two years due to emotional discord, you will file a lawsuit for divorce with the court, and if the mediation fails, the court will grant a divorce.

    [Legal basis].

    Article 1079 of the Civil Code [Divorce by Litigation] If one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. Renhui Zhengmin People's Court 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 addiction that they have repeatedly taught and not changing; 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.

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