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If 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.
According to the Marriage Law of the People's Republic of China:
Article 32 Divorce proceedings.
If 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.
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In the past, as long as one of the husband and wife did not agree to the divorce, the court would always adjust, and the divorce schedule would be particularly long, but in 2021, China's Civil Code will be announced, and the Civil Code has made clear provisions on the situation that one party does not agree to the divorce, as long as one party files for divorce and the other party does not agree, the court will give a certain cooling-off period, which can be about half a year to a year. It won't be the same as before, forever.
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Both sides lose, and there is no ...... winner, since you have no feelings, it is better to adjust your mentality.
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If one party wants to spend time not divorcing, it can be delayed for almost a year. If one party has already filed for divorce, the other party who does not want to divorce can actively show that he still has feelings with the other party during the pre-litigation mediation stage of the court, and is unwilling to divorce throughout the litigation. According to the regulations, if there is evidence of the breakdown of the relationship between the husband and wife, and the court accepts such evidence, the court will grant a divorce within six months, even if the woman no longer wishes.
Of course, after the divorce is decided in the first instance, the wife can file an appeal within 15 days and drag the case into the second instance procedure. The court of second instance will make a decision within three months. However, in cases like this where there is sufficient evidence to prove that the relationship between the husband and wife has indeed broken down, the original judgment is basically upheld in the second instance, and many divorces are adjudicated.
No matter how many times the lawsuit is filed, it must be established that the relationship between the husband and wife has broken down.
Legal basis] Civil Code of the People's Republic of China
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; Late matching.
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; Code Sun finger.
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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When it comes to getting married, both men and women have great expectations for the future. But there is a difference between real married life and ideals, and after the relationship changes, what is the result of not getting divorced? Who can afford it without a divorce? Let's find out.
1. The result of not getting a divorce is consumed
1. Relationship breakdown.
When there is a problem in the relationship between the husband and wife in the marriage and it is impossible to reconcile, it is actually the best ending to get together and disperse. A peaceful breakup, there is still a bit of friendship, and if you don't divorce, it will make the relationship worsen and break down, which is not good for both parties.
2. Affect children.
The influence of the original family on the children is huge, and if there is an obvious rift in the relationship between the parents, but it has been dragged out without divorce, it will have a great impact on the children. Parents' quarrels, cold wars, etc., will affect the mental health development of children.
3. Economic disputes.
The longer the divorce drags on, the more serious the subsequent financial disputes will become. When you don't get along, your family's income and expenses will become the trigger for financial disputes. If it is delayed for too long, it will be more difficult to determine the division of property in subsequent divorces.
Second, who can afford it more if you don't get divorced
1. Judging from the current social situation, it is actually very bad for both parties to delay the divorce after the loss of affection in marriage, and there is no saying that anyone can afford it more. Most women now have their own jobs and have the same social and family responsibilities as men.
2. In a bad marriage, a negative psychological state will affect the mood at work, and the impact on children is something that parents don't want to see. However, judging from the current social reality, many people have always been prejudiced against women, believing that if they do not divorce, the woman will be even more unaffordable.
3. This is mainly because, in the current social environment, even if women have their own jobs, there are still many people who still take on a lot of affairs in the family, such as children's education, housework, and interpersonal relationship maintenance of relatives and friends. In such a situation, not divorcing is naturally more disadvantageous to the woman. Conclusion:
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If you are really determined to divorce, there is a way, but it will take a little longer, depending on your determination.
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The explanation is very promised: accompany you to grow old slowly......
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In China, there are only two ways of divorce: divorce by agreement and divorce by litigation. Specifically, if the divorce is agreed and the other party agrees to the divorce, and the two parties reach an agreement on the dissolution of the marriage, child support, and property division, they may sign a divorce agreement and go to the civil affairs department of the husband and wife's family to register the divorce. The division of property and child support shall be carried out in accordance with the agreement of both parties.
If a divorce is requested but the other party does not agree to the divorce, or if the divorce is agreed but not satisfied with child support or property division, the divorce can be sued by the court for divorce and a judgment will be made on the ownership of child support and property division. However, not all cases that go to court will result in divorce. Divorce is based on the fact that the relationship between the husband and wife has broken down and there is no possibility of reconciliation.
1. What should the man do if he wants to drag the woman to death if he doesn't divorce.
If the man refuses to divorce, he can sue the court for divorce, and there are two ways to divorce, one is divorce by agreement, and the other is divorce by litigation. Divorce by mutual agreement is a situation where both parties have voluntarily divorced and have reached an agreement on divorce matters such as child support, division of property, and assumption of debts.
For divorce by agreement, after both parties sign the divorce agreement, they can go to the marriage registration authority to register the divorce together. Litigation divorce is applicable to situations where one party does not agree to the divorce, or the two parties cannot reach an agreement on divorce matters such as child support, property division and debt bearing.
For divorce by litigation, the party who wants to divorce can file a divorce lawsuit in the people's court with jurisdiction where the other party is located. If the defendant's habitual residence is inconsistent with the place of household registration, then the habitual residence is the defendant's domicile, and it should be noted that the defendant's habitual residence refers to the place where the defendant has lived continuously for more than one year.
2. Ownership of child custody.
The custody of the two children shall first be determined by the parents through consultation, and if the negotiation fails, the people's court shall make a judgment based on the circumstances of both parties and in accordance with the principle of the best interests of the minor children. Where children have reached the age of 8, their true wishes shall be respected.
Hehe, if it's not too noisy, you can talk about it. After all, they are all people with children, and they were all self-righteous before they got married, and when they get married, they must abide by the rules of the family and bear the obligations of the family, and you can regress from each other and slowly improve. For the sake of the child, Canghai can become a mulberry field, I hope you can solve it satisfactorily. >>>More
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Sometimes not getting a divorce is just an excuse that adults don't want to face.
First of all, don't be too anxious,,After all, it's an adult's business,,They will have their own solutions,,, I have a pretty bad relationship with my parents at your age,,Quarrel all day long,Many times to the verge of divorce,,, I can feel that anger and helplessness,,, but in any case,Your life is yours,Not your parents,,So don't give up or delay yourself for some reason,,, even if they leave in the end,It's just a normal phenomenon... Although I know that it is difficult for the person concerned to think so. But think about it on the other hand, if your mother lives with someone who doesn't love him, will it be more sad,,, of course, your father is still likely to change his mind,,, so no matter whether your father changes his mind or not, you have to learn to be calm, you are not small, you have to learn to be strong... >>>More