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When the relationship breaks down in a marriage, you don't want to divorce, you need to be able to learn to understand and respect each other, tell each other to start the marriage again, and learn to change yourself, so as to save this marriage.
When there is a problem in a marriage, both parties have problems, it is not a problem of one party, when you don't want to divorce the other party, you need to learn to understand the other party. When there is a problem, don't just think about blaming the other party, this will definitely not work, only empathy, so that you can get a good ending.
Marriage is not easy to come by, when you want to save this marriage, you need to make changes yourself, it must be that you sometimes do the wrong thing to make the other party mind. If you can't treat the other party in the same way and attitude, there will definitely be problems that will make the marriage more difficult. In marriage, you must learn to make concessions and efforts for each other, so that you can better adapt to your own identity, so as to get a happy ending.
If you want to save this marriage, you need to take the initiative to contact each other more, don't always maintain a cold or silent attitude, only your own good attitude will be exchanged for a good marriage. Marriage has never been a one-person problem, only two people can deal with emotional problems seriously, and can communicate and communicate regularly, so that they can understand each other's thoughts, so that many problems will be eliminated.
If you want to save a marriage, it is not as difficult as you imagined, only if you learn to compromise and make concessions, so that the other party can see your sincerity. Don't put on a domineering posture, this will only push the other party farther and farther away, and it will only make the marriage end quickly. Loving someone should learn to understand and tolerate, so that you can get a good marriage and go on for a long time.
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You can try to get along in a different way, re-cultivate the relationship between two people, and two people run in with a new mode of getting along.
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The two of you sit down together, communicate well, and solve the problems that caused the two of you to break down.
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I think you should be doubly nice to the other person, so that the other person may stay.
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See if both parties think that the relationship between husband and wife has broken down, and in reality, there are many people who have a discordant relationship between husband and wife, and who do not divorce for the rest of their lives.
Divorce will involve three aspects to consider: 1. Whether both parties agree to the divorce; 2. How to arrange the maintenance of minor children; 3. How to divide or compensate for property.
If the above three aspects can be agreed, both parties can sign a divorce agreement and go to the marriage registration office where one party is registered to go through the divorce registration procedures. At present, it is possible to obtain a divorce certificate on the spot; If the Civil Code is passed by the two sessions, it is estimated that it will take at least a month (i.e., the cooling-off period) to get the divorce certificate starting next year.
If at least one of the above three aspects cannot be agreed, you can file for divorce at the basic people's court in the place where the other party is registered or habitually resides (where you have lived there for more than one year). The results of simple cases are generally about 3 months, and for those involving property investigation or appraisal, it will take about 6 months or even longer. Whether the divorce can be awarded depends on whether the defendant agrees to the divorce and whether the plaintiff can adduce sufficient evidence to prove the breakdown of the relationship between the husband and wife.
Of course, the court will also organize mediation between the two parties, with or without divorce.
If you obtain an effective divorce judgment or divorce mediation letter from the court, the marriage relationship between the two parties will be dissolved, and there is no need to obtain a divorce certificate.
When a court hears a divorce case, whether it can decide a divorce mainly examines whether there are any of the following circumstances:
1. A person with a spouse living with others (long-term and stable cohabitation, generally more than 6 months; Extramarital affairs do not fall under this plot);
2. Bigamy; 3. Domestic violence, abandonment of family members;
4. Absorbing D, blocking Bo and other Western Hubei repeatedly taught and did not change;
5. Separated for two years due to emotional discord.
In addition, in view of the problem that divorce cannot be granted after repeated lawsuits for divorce, after the implementation of the Civil Code, there will be such a provision: after the first judgment that divorce is not allowed, if the divorce is filed again after one year of separation, the divorce will generally be awarded.
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I'm sure you'll understand after reading it.
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Legal Analysis: Divorce by mutual agreement or litigated divorce is possible.
If a man and a woman divorce by agreement, they should first go to the marriage registration agency to submit an application for divorce, and after the marriage registration agency accepts it, it is necessary to go through a 30-day cooling-off period for divorce, during which either party can withdraw the divorce application, and after the expiration of the period, if both parties have not withdrawn, both parties can go to the marriage registration agency to obtain a divorce certificate. Therefore, if both parties have not withdrawn the divorce application during the cooling-off period of divorce, they can achieve this deed at one time. There are two ways to get divorced:
Divorce by mutual agreement and divorce by litigation. 1. Divorce by agreement: It refers to a way in which both husband and wife are willing to divorce, sign the divorce agreement after consultation between the two parties, go through the divorce formalities at the marriage registration authority, and obtain a divorce certificate.
In such a case, the husband and wife may apply for divorce at the marriage registration office on their own, and the marriage registration authority will issue a divorce certificate when it ascertains that the parties are indeed willing and that the issues of child support and property have been properly addressed. 2. Divorce by litigation: It refers to a way in which the husband and wife cannot reach an agreement on divorce issues (whether to divorce, property division, child support, etc.), and one party sues the court and requests the court to decide the divorce.
When a people's court hears a divorce case, it must first mediate, and if it is ascertained that the relationship between the man and the woman has truly broken down and the mediation is ineffective, it shall make a judgment granting the divorce and make a judgment on issues such as the joint property of the husband and wife and the maintenance of children.
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 1077:Within 30 days of 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 1,078 Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
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1. There are two ways to divorce as soon as possible after marriage breakdown:
1. Divorce by agreement, if the husband and wife reach an agreement through consultation, they can go to the marriage registration authority to register the divorce. The content of the consensus should be reflected in the divorce agreement, including but not limited to the following: expression of intent to divorce, ownership of custody, payment of alimony, division of property, etc.;
2. In litigation divorce, the husband and wife cannot reach an agreement through negotiation, so they can only go to the court to sue for divorce, and the court will decide whether to grant the divorce, and at the same time will rule on the ownership of custody, the payment of alimony, the division of property, the ownership of claims and debts, etc.
2. The following information is required for divorce proceedings:
1. Complaint;
2. Original and photocopy of ID card;
3. Original and photocopy of marriage certificate;
4. The other party's residence certificate or household registration certificate.
3. The procedure for the litigation divorce litigation stage is as follows:
1. One party files a divorce lawsuit with the court and submits a lawsuit;
2. The court reviews and decides whether to file the case;
3. After the case is filed, the complaint is served on the defendant, and the defendant responds;
4. The court arranges pre-trial mediation;
5. If the mediation fails, the court will arrange the trial;
6. The court makes a judgment.
4. Divorce by mutual agreement requires the following procedures:
1. Prepare a divorce agreement. The man and the woman must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts;
2. Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials;
3. Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the 30-day cooling-off period;
4. Review and issuance of certificates. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.
5. The documents required for divorce by mutual agreement are:
1. The original household registration book of both parties;
2. Original ID cards of both parties;
3. Marriage certificate of both parties;
4. The divorce agreement jointly drafted by both parties shall be in triplicate (must be signed at the scene);
5. Two two-inch single recent color half-length bareheaded color**.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
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