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Anonymous users2024-02-09Hello, yes.
The relationship has indeed broken down" is a substantive requirement and a legal condition for granting a divorce. "Failure of mediation" is a procedural provision and cannot be regarded as a statutory condition for a divorce. Mediation should be carried out in the trial of divorce cases, and many cases in which mediation is ineffective are cases where the relationship has indeed broken down, and in this sense, "mediation is ineffective" is a reflection of "the relationship has indeed broken down".
And there are some divorces.
Image diagram of divorce.
Although the case was "mediation failed", it was not "the relationship between the husband and wife had indeed broken down". In mediation work, there are often differences between focus and ineffectiveness, in-depth and in-depth, etc., which directly affect the mediation effect. Years of civil trial practice have shown that the meanings of "mediation failure" and "relationship has indeed broken down" are not exactly the same, and "mediation failure" is not the same as "relationship has indeed broken down".
Therefore, "ineffective mediation" should not be used as a basis for determining that "the relationship has indeed broken down". In trial practice, it is not necessary to completely equate "the relationship has indeed broken down" with "mediation has failed". Nor should "mediation fail" simply be used as a sign that "feelings have indeed broken down".
Don't even use "ineffective mediation" as a legal condition for deciding a divorce. The legal condition for a divorce is only that "the relationship has broken down".
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Anonymous users2024-02-08Apply directly to the court for divorce, and if the relationship breaks down, you can leave.
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Anonymous users2024-02-07Yes, through legal means, but it is very difficult, and it will take several years to leave.
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Anonymous users2024-02-06Summary. How to deal with divorce after a fight: 1. If both parties agree to divorce, they can divorce by agreement; 2. If one party does not agree, then the other party can only divorce through litigation, and the other party does not want to leave and must make it clear to the court that he does not want to divorce, apply to the people's court for mediation, and provide evidence to prove that the husband and wife still have a chance to reconcile.
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.
How to deal with divorce after a fight: 1. If both parties agree to divorce, they can divorce by agreement; 2. If one party does not agree, then the other party can only divorce through litigation, and the other party does not want to leave and must make it clear to the court that he does not want to divorce, apply to the people's court for mediation, and provide evidence to prove that the husband and wife still have a good chance of reconciliation. 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.
Hello, is the woman going to divorce?
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