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Article 32 of the Marriage Law: If a man or a woman requests 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.
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 after repeated attempts; (4) They have been 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.
You can see which one you meet. In addition, divorce proceedings can also be decided in absentia.
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Find a lawyer nearby, talk about the marriage of both parties in detail, and entrust a lawyer to sue for divorce on your behalf, which is not as complicated as you think.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
Bring your ID card, marriage certificate, and complaint to the court where the defendant is domiciled to directly sue for divorce, on the grounds that the relationship between the husband and wife has broken down. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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If you are lucky enough to sue for divorce, you can leave within 1 year at the earliest, but you have to sue twice, because according to your statement, there is no obvious evidence of the breakdown of the relationship between the husband and wife, so the first judgment of the court will most likely not give a divorce, and you will be asked to consider it again, you can wait for 6 months after the first judgment takes effect before suing for divorce for the second time, and then the court will give you a divorce.
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1. Have you registered your marriage?
2. Both the plaintiff and the defendant in the divorce proceedings must appear in court, and if the defendant does not appear in court, the court cannot make a judgment in absentia.
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You can entrust a lawyer to file for divorce.
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Since you are so resolute, it is recommended that you can go to the court to sue for divorce first, this is the first lawsuit, and the court will mediate first according to the procedure, because you have no specific legal reasons, and the man may not agree, then the court is likely not to support your claim; If you file a second lawsuit after six months, it is more likely that the court will uphold your claim. The disadvantage of this plan is that it takes a long time, about a year.
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It is not necessary to find a lawyer in divorce proceedings, and it is up to the parties to decide for themselves, and there is no mandatory provision in Chinese law for this. If the parties feel that it is really necessary to appoint a person who respects the litigant, they may entrust it themselves. If the parties believe that it is not necessary to entrust a litigant, they may not entrust it.
Legal basisArticle 49 of the Civil Procedure Law.
The parties have the right to entrust a person to apply for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.
Article 58.
The parties and the statutory ** person may instruct the world to entrust one or two people as the first person to answer the simple and prudent litigation.
The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
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Ways to find a divorce litigation lawyer:
1. Go to a local law firm to appoint a lawyer.
A law firm refers to a working organization in the People's Republic of China where lawyers perform their duties and conduct business activities, and Takedan is entrusted by Chinese and foreign parties to provide various legal services.
Law firms usually recommend professional lawyers according to the needs of the parties, and entrusting a lawyer is conducive to further protecting the legitimate interests of the parties, because the professionalism of the lawyers can make up for the lack of legal knowledge of the parties.
2. A lawyer can be retained at the grassroots legal service center.
Grassroots legal service centers are legal service organizations set up in townships and urban streets, and are practice institutions for grassroots legal service workers.
3. You can also appoint a lawyer on the Lawyers Association**.
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Legal analysis: 1. Divorce solves three issues: the relationship between husband and wife, the division of joint property, and the maintenance of children;
2. There are two ways of divorce: divorce by agreement and divorce by litigation;
3. Divorce by agreement to the Civil Affairs Bureau, and divorce by litigation to the court;
4. Divorce by agreement means that the husband and wife negotiate, negotiate item 1, sign it, get the divorce certificate, and divorce;
5. Litigation divorce is a divorce lawsuit, which shall be handled in accordance with the procedures prescribed by law, and the divorce case shall be concluded by judgment;
6. In principle, the joint property shall be divided equally;
7. In principle, the maintenance of children shall be shared jointly;
8. If a divorce by mutual agreement is not satisfied with the division of property, an application for re-division may be made within one year of the divorce, and the court shall accept it;
9. Divorce litigation is a professional litigation and a professional lawyer is entrusted.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.
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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We can go to a well-known local law firm, and then we can find the right lawyer, and we can go to a lawyer who specializes in divorce lawsuits.
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You can go to a law firm to find a lawyer, so that the lawyers you are looking for are very professional and can also protect your rights and interests.
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It should be that you have to go to the relevant defense unit, and then you have to go to a relevant law firm to ask, which lawyer is particularly suitable for this kind of divorce lawsuit, and if you want to ask some lawyer questions, you can ask directly on the Internet, and now there are also online lawyers in Punhengcha.
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We can go to the more reputable local law firms to find lawyers in this area.
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You should consult with the Internet first, and then find a particularly good divorce lawyer, so that you can get a good outcome.
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1. What things need to be paid attention to before consulting a divorce lawyer.
1. Determine whether the marriage is legally registered. First confirm whether your marriage is protected by the law, only couples who have legally registered their marriage need to divorce, if not, they can be separated directly.
2. Tell the lawyer the reason for the divorce. Only by telling the lawyer about the cause and effect can the lawyer give appropriate advice.
3. Whether the two parties can still communicate and negotiate on the divorce issue, if they can, they can consider divorce by agreement, and if not, they need to consider suing for divorce.
2. How to handle the procedures for divorce by agreement.
The prerequisite for divorce by agreement is that if both husband and wife have reached an agreement on the divorce, the division of marital property and the custody of children, both parties should bring their marriage certificates, ID cards and other relevant documents, go to the marriage registration office where the marriage was originally registered, fill in the content of the divorce agreement between the husband and wife, sign and confirm it, and it will take effect immediately. The following is the process of handling the divorce procedure by agreement:
1. Prepare relevant documents: household registration book, ID card (original and copy), marriage certificate (original and copy) For foreigners, Hong Kong, Macao and Taiwan compatriots who handle divorce by agreement in China, the following documents are required: their valid passport or valid identity documents from Hong Kong, Macao and Taiwan, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits.
2. Prepare relevant materials: two two-inch single recent half-length bareheaded ** divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that the two parties are voluntarily divorced, and both parties have reached an agreement on child support, property division and other issues, otherwise the divorce agreement is invalid.
3. The husband and wife shall go through the divorce formalities in person at the Civil Affairs Bureau where one of the parties has permanent residence.
4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.
3. What are the requirements for divorce by agreement?
1. The household registration of one or both parties is the permanent residence of the jurisdiction.
2. Both parties are legally registered husband and wife, and the divorce is completely voluntary.
3. The parties reach an agreement on matters such as child support, property and debt disposal.
4. Both parties applying for divorce registration must apply to the marriage registration authority at the place where one party's permanent residence is located at the same time, and may not entrust others**.
The request for divorce proceedings is written as follows: >>>More
What should I pay attention to when dealing with a lawyer?
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1. The first stage: the prosecution stage.
This phase consists of the following three procedures: >>>More