How to divorce if one party is not at home, and how to divorce if one party is not at home

Hello: If both parties agree, you can agree to divorce and go to the Civil Affairs Bureau where you have a marriage certificate to register the divorce. 1. Divorce can be divorced by agreement or litigation.

Divorce by agreement shall be registered at the place of household registration, and litigation divorce may be filed in the court where the other party's household registration is located, and if the other party's household registration is inconsistent with the place of habitual residence, the lawsuit may be filed in the court of the other party's habitual residence.

2. After the two parties reach an agreement on divorce, child support, property and debt disposal, etc., they shall register the divorce with the civil affairs bureau where the husband or wife's household registration is located.

3. If the divorce cannot be agreed upon, the divorce shall be filed with the court. The court's criterion for granting divorce is whether the relationship between the husband and wife has actually broken down, and if this criterion is met, the divorce should be granted. If there are any of the circumstances provided for in Article 32 of the Marriage Law, it is deemed that the relationship between the husband and wife has truly broken down.

Collect evidence of a breakdown in the couple's relationship.

Sue the court for divorce Premarital property belongs to the individual, does not participate in the division, and the marital property is shared by both parties and divided equally, but the party at fault shall not divide or divide the property less, and if one party pays more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall compensate. Divorce damages refer to the breakdown of marital and family relations due to the fault of one spouse.

The civil liability for the losses suffered by the innocent party at the time of divorce shall be borne by the party at fault. Article 46 of the Marriage Law stipulates that in any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused by the legal fault of one party, and if there is no fault, the other party shall have the right to claim damages in accordance with the law. First, bigamy, second, cohabitation with another person with a spouse, third, domestic violence, and fourth, abuse and abandonment of family members.

After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses, the amount of the expenses and the length of the period, which shall be agreed upon by both parties, and if the agreement is not reached, the people's court shall make a judgment.

For those with a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income.

If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand, if necessary, from either parent in excess of the amount originally agreed upon in the agreement or judgement.

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After a certain amount of time, you can file a lawsuit in court.

Legal analysis: If the husband and wife decide to divorce, they can choose to divorce by agreement or litigation. Divorce by mutual agreement needs to be registered with the civil affairs department of the place where one party is registered.

One party is not at home and cannot agree to divorce, so he can only file a lawsuit with the court where the defendant Zaotong is located. The court will serve the summons, judgment documents, etc. by means of public announcement.

Legal basis: Article 12 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China provides that in cases where one of the spouses has been absent from the place of domicile for more than one year and the other party sues for divorce, the people's court at the place of the plaintiff's domicile may have jurisdiction.

In cases where the husband and wife have quarreled after leaving 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 defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.

Legal basis: Article 1079 of the Civil Code Where 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 the investigation is ineffective, 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;

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 a divorce is not permitted, the parties have been separated for one year, and one party again raises the door to disturb the divorce proceedings, the divorce shall be granted.

Legal Analysis: One party can sue for divorce if he or she is not at home.

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 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. Where one party is explicitly reported missing by Xuanzhen, and the other party initiates a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that the divorce is not allowed, if the parties have been separated for one year, and one party files another lawsuit for divorce, the divorce shall be granted.

Divorce by agreement or litigation can also be obtained when one party is not at home, and the divorce by mutual agreement means that both men and women should jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce. Divorce can be filed in the court of the defendant's domicile or habitual residence, or the plaintiff's domicile or habitual residence.

[Legal Lu and basis].

Paragraph 1 of Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

Paragraph 1 of Article 21 of the Civil Procedure Law of the People's Republic of China.

The people's court for the place where the defendant is domiciled has jurisdiction over civil lawsuits brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

Article 22, paragraph 1 (1).

The following civil lawsuits are under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the People's Law of the plaintiff's habitual residence is to call the court for jurisdiction

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China.

If both parties agree, they can agree to divorce and register the divorce at the Civil Affairs Bureau that has obtained the marriage certificate. 1. Divorce can be divorced by agreement or litigation. Divorce by agreement shall be registered at the place of household registration, and the divorce by litigation may be filed in the court where the other party's household registration is located, and if the other party's household registration is inconsistent with the place of habitual residence, it may be sued at the court of the law office of the other party's habitual residence.

Legal basis: Article 1076 of the Civil Code Where a 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' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.

Article 1077 of the Civil Code: Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1079 of the Civil Code: Where 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.

Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law Article 12 In cases where one spouse has been absent from the place of domicile for more than one year and the other party sues for divorce, the people's court at the place of the plaintiff's domicile has jurisdiction. 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.

Note: The Civil Code will come into force on January 1, 2021.