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If one of the parties wants to divorce and the other party does not want to divorce, the parties may negotiate a settlement settlement. If one party files a lawsuit with the people's court under the circumstance that the negotiation is invalid and requests the people's court to grant a divorce, the party who does not want to divorce may appear in court in court in accordance with the law to respond to the lawsuit and make a defense, proving that the husband and wife are in good relationship, and requesting the people's court not to grant the divorce. The people's courts are to conduct verification and determination on the basis of actual conditions and relevant legal provisions.
For specific circumstances, the parties are requested to verify and determine on their own in accordance with the actual situation and relevant legal provisions.
Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.
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There seems to be a provision in the marriage law: if the individual (man or woman) does not live in the same house for two years, the single party (man or woman) claims to divorce and it takes effect immediately after two years. That's probably the case, and you need to go to the law firm for a detailed consultation.
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You are determined to leave nothing.
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That's the only way to go through the legal process.
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The other party refuses to divorce, then you can't choose to divorce by agreement, you can only choose to divorce by litigation, the party who wants to divorce directly files a divorce lawsuit with the people's court, the people's court will ** hear the divorce case, the party who wants to divorce needs to prove to the court that the relationship with the other party has broken down in the trial, and after the people's court review, it is found that the feelings of the man and woman have indeed broken down, and the divorce should be granted and a divorce judgment should be issued. Legal basis: Article 1079 of the Civil Code of the People's Republic of China: 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 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.
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.
Under what circumstances can a husband and wife request a divorce? According to the husband and wife who marry and form the same family and live together in the same family, they should respect and understand each other and support each other to maintain the sustainable development of their married life, but once the relationship changes, it is difficult to reconcile, and the parties are unwilling to maintain the relationship between the husband and wife, the husband and wife may divorce by agreement in accordance with Article 1049 of the Civil Code, and if the parties cannot reach an agreement, they may also request the court to grant a divorce and dissolve the marriage relationship between the parties when there are legal reasons under Article 1052 of the Civil Code. In the case of a divorce in the nature of a formation lawsuit, that is, to terminate the marital relationship of the husband and wife by the judgment of the court, one of the spouses who wants to divorce must be the plaintiff, and the other party who does not agree to the divorce must be the defendant, asserting that the marriage has the cause of Article 1052 of the Civil Code, and attaching relevant evidence to request the court of competent jurisdiction for judgment.
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