What happens if one party asks for a divorce and the other party does not

In general, if one party does not agree to the divorce, the other party can still sue for divorce. Legally, everyone has the right to file a divorce lawsuit. However, the outcome of a divorce case can be affected by a variety of factors, including the evidence and statements of both parties, as well as the provisions of the law and the judge's judgment.

If one party does not agree to the divorce, the other party can still file a divorce lawsuit. In court, the party filing for divorce needs to provide evidence that justifies their lawsuit. This evidence may include relationship problems between husband and wife, domestic violence, financial problems, etc.

If the court finds the divorce reasonable, the court can grant the divorce even if the other party does not agree. However, the court will also take into account the opinion of the other party. If the other party believes that the divorce is unreasonable, the court may need to hear the evidence and statements of the other party....

Legal analysis: China's law stipulates two ways of divorce, one is to go to the Civil Affairs Bureau for divorce by agreement, and the other is to go to the court for divorce. If one party does not agree to the divorce, the divorce can only be done through court proceedings.

One party unilaterally sues for divorce and submits a divorce complaint directly to the court, and after the court accepts the case, a summons is served on both parties to notify the trial time.

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 engage in mediation by the court; 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) Separated due to emotional discord, Manhe Mountain shouted for two years; (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.

If one spouse requests a divorce and the other party resolutely disagrees with the divorce, the general court will not grant a divorce if there is no abuse, abandonment, serious domestic violence, cohabitation or bigamy of one party. You can file for divorce after half a year, and if you sue for the second time, the court will think that it is indeed a breakdown of the relationship between the husband and wife, and it will grant divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

bigamy or cohabitation;

Committing domestic violence or abusing or abandoning family members;

There are bad habits such as gambling, jujubes, and drug abuse, and they have been taught stupidly and do not change;

Separated for two years due to emotional discord;

If one party asks for a divorce and the other party is unwilling to leave the communication is invalid, then if you ask for a divorce, you can go to the local court to file a suspicion lawsuit, ask for a divorce, and wait for the court's judgment. The court's decision will drag on for a long time.

If one party wants to divorce and the other party does not want to divorce, in this case, the husband and wife must also negotiate, because the divorce of husband and wife must be agreed by both parties

The divorced party can go to the court to sue for divorce, as long as the corresponding evidence is provided to prove that the relationship between the two good Hu Juren is broken down and cannot be repaired, then the court will support the judgment of divorce between the two.

Legal analysis: If one party to a divorce is not separated, he or she may file a divorce lawsuit with the people's court. Where one of the spouses requests a divorce, 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.

Legal basis: Article 1079 of the 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 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 the mediation fails, the divorce and Wang shall be granted by calling the child

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) Separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

For the party who does not want to divorce, my advice is: it is useless to stalk, you have to understand what the other party's reason for divorce is. My advice to those who want to divorce is:

Do you want to figure out whether your goal is divorce, or is it a condition for divorce to achieve a certain demand? According to different situations, senior emotional experts will give corresponding suggestions.

Divorce is a divorce by agreement or litigation, and after negotiation between the two parties, they should go through the divorce formalities with the original marriage registration authority with the divorce agreement, marriage certificate, and ID card of both parties and receive the divorce certificate;

If one party does not agree or regrets not performing after signing the divorce agreement, then the divorce shall be filed through litigation in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, for 6 months in the trial and 3 months in the second instance. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.