What are the conditions for unilateral divorce?

What are the specifics? Either agree, or go straight to the court to sue. The premise of a litigated divorce is that the relationship is broken down and there is no possibility of reconciliation.

Article 32 of the Marriage Law stipulates that 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.

If one party refuses to leave in a litigation divorce, the divorce will generally not be awarded in the first instance. However, in the case of subparagraphs (1), (2) and (3) above, the possibility of the first judgment of divorce is relatively high. The key is to provide evidence, such as "committing domestic violence", which generally requires more than 2 police records, or a letter of repentance and guarantee.

As for paragraph (4), it is basically difficult to prove that there are two years of separation due to emotional discord. If you really want to leave, even if you don't have evidence, you can leave. If you can't do it the first time, you will have a second and third ......

As for the custody of the child, it is necessary to take into account various factors, such as whether both parties have jobs, the age of the child, and who generally raises the child. ‍

You can sue the court for divorce, and the issue of child custody should be judged based on the age of the child and the conditions of both parties. If you have already made a decision, you can bring your ID card, marriage certificate, child's birth certificate and other materials to entrust a lawyer**.

Hello, there are 2 ways to divorce, divorce by agreement or litigation! Divorce is risky, and you need to be cautious! Divorce involves the maintenance of children, the division of joint property, and so on......Once it is not handled well, there will be endless troubles and the stakes are great!!

The conditions required for unilateral divorce are: 1. The plaintiff is a party to the marriage relationship; 2. Both parties have a legal marital relationship; 3. Both husband and wife are subjects with full capacity for civil conduct; 4. The prosecution shall submit to the court evidence that can prove that the relationship between the husband and wife has indeed broken down.

[Legal basis].

Where one of the spouses requests a divorce in paragraphs 1, 2 and 3 of Article 1079 of the Civil Code, the relevant organizations 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 gambling, drug abuse, or other vices that have been repeatedly taught; (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.

The conditions required for unilateral divorce are as follows: the parties are legally married. There is evidence that the relationship between the husband and wife has broken down. The parties requesting a divorce are parties to the marriage. There are no statutory conditions for non-divorce.

Legal basis] Article 122 of the Civil Procedure Law.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The 102nd answer to the 13th hand rock.

The complaint shall be submitted to the people's court, and a copy shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.