What if one party to the second divorce does not go, and the second marriage and one party does not

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at 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 repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. 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.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

The second complaint shall be filed six months after the first decision denying divorce.

The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

Hello, the second lawsuit should be filed six months after the first judgment denying the divorce.

When I divorced my husband, the court accepted and served a summons, which clearly stipulated that the plaintiff's absence was deemed to be automatically withdrawn, and the defendant's absence was deemed to have agreed to the relevant conditions, and the judgment would automatically take effect.

If it doesn't help you, you go to a law firm for consultation, which costs about 100 yuan, and I spent 40 yuan in a rural county town at the time, and there is a law firm near every court.

Tianjin Lawyer Li (Professional Divorce Lawyer):

If there is a new ground for divorce, there is no time limit. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Legal Analysis: The second lawsuit will grant a divorce. 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.

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' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt handling.

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;

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;

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 pretends to be Zheng He to file a divorce lawsuit, the divorce shall be granted.

After a people's court has ruled that a divorce is not allowed, and the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted.

If the court summons the plaintiff by summons and the plaintiff refuses to appear in court, the judgment shall be made in accordance with the withdrawal of the lawsuit; Where the defendant makes a counterclaim, a judgment may be rendered in absentia, and where the defendant refuses to appear in court, the court may render a judgment in absentia.

Article 143 of the Civil Procedure Law stipulates that if the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the permission of the court, the lawsuit may be dismissed; Where the defendant counterclaims, a judgment may be rendered in absentia.

Article 144:Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia. Boy Summons Spike.

Article 145:Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the civil court is to rule on whether or not to approve it. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

Documents required to sue for divorce:

1. It is mainly necessary to provide the marriage certificate, ID card, household registration book, children's birth certificate and other documents, as well as written complaints, evidence materials and other materials.

2. The court has jurisdiction.

3. The plaintiff is a party to the marriage.

4. Other conditions.

Conditions that must be met to prosecute:

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. The chain has 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. <>

If the party to the second lawsuit does not appear, if the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from the court without the permission of the court, a judgment will be rendered in absentia; If the plaintiff is not present, it is to be handled as a withdrawal of the lawsuit.

[Legal basis].

Article 62 of the Civil Procedure Law of the People's Republic of China.

If there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit written opinions to the people's court for review.

Article 143.

Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

Article 144.

Where the defendant is summoned by a summons and refuses to appear in court without a legitimate reason, or leaves court in the middle of a letter without the court's permission, a judgment in absentia may be rendered.