-
The court sues for divorce.
It already falls under the category of automatic divorce.
Is divorce automatic or not? According to the general understanding, automatic divorce refers to the automatic dissolution of the marriage relationship after a certain event or a certain period of time. Many people understand automatic divorce as a voluntary divorce after a period of separation, without the need to file a divorce lawsuit with the court or go to the Civil Affairs Bureau to register the divorce.
However, divorce involves not only the dissolution of the marriage, but also the custody of children, the division of joint property, etc., if the husband and wife divorce automatically, then how to solve these disputes?
In fact, automatic divorce is a complete misunderstanding of the marriage law. When you get married, you need to register with the Civil Affairs Bureau, and when you get divorced, you definitely need to register with the Civil Affairs Bureau or go to the court to sue. However, the provisions of the Marriage Law on separation mean that when the court hears a divorce case, it can use the separation caused by emotional discord for two years as the basis for judging whether the relationship between the husband and wife has broken down, and it does not mean that the husband and wife can automatically divorce after two years of separation.
Therefore, there is no concept of automatic divorce in law, and there is no such thing as automatic divorce in practice. Automatic divorce is completely a misreading of the marriage law by ordinary people.
If a husband and wife decide to divorce, they can go through two ways: one is to go through the divorce registration formalities with the civil affairs department and obtain a divorce certificate; The second is to file a divorce lawsuit with the court. The court dissolves the marriage between the parties in the form of a judgment or mediation letter.
In the case of divorce by mutual agreement, the husband and wife are free to negotiate on the issue of child support and the division of the joint property of the husband and wife, and the divorce agreement may be notarized for the sake of insurance.
In the case of divorce by litigation, the court needs to determine whether the relationship between the husband and wife has broken down. Only when the relationship between the husband and wife has broken down will the court grant the divorce. In litigation practice, if the husband and wife have been separated for more than two years due to emotional discord, the court will generally grant a divorce if mediation fails.
The above is the answer to "what is automatic divorce", "what conditions are required for automatic divorce", and "how can automatic divorce be automatic". In short, there is no such thing as automatic divorce in law, and couples cannot divorce automatically. Many people mistakenly believe that separation can automatically lead to divorce, which is a misunderstanding of the law.
Couples can only divorce by mutual agreement or divorce by litigation. There are many legal issues involved in divorce issues, especially the collection of evidence that has a huge impact on the outcome of divorce.
-
Yes, divorce, like marriage, must be physically present by both parties.
-
A divorce can be granted unilaterally.
-
Just two people say it well, go and leave together! Let's see and disperse!
-
If there is evidence, you can leave directly.
-
Legal analysis: If two people have been separated for more than two years due to emotional discord after marriage, and one of the spouses requests a divorce, they may file a lawsuit with the people's court. After mediation by the people's court, the divorce shall be granted after the mediation fails.
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 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 initiates divorce proceedings, the divorce shall be granted.
If, after the People's Court has ruled that a divorce is not permitted, the parties have been separated for one year or more, and one party files a divorce lawsuit again, the divorce shall be granted.
-
Summary. Hello dear, happy to answer your <>
If you have not lived together for six years and have not been divorced, if both parties agree to divorce, then you can agree to divorce, and both parties can sign a divorce agreement and go to the civil affairs organ to register the divorce; If one party does not agree to the divorce, then the other party can also sue for divorce. In the case of divorce by litigation, the divorce will only be granted if the judge determines that the relationship between the husband and wife has indeed broken down and is not suitable for continuing to live together. It is recommended to entrust a lawyer to collect relevant evidence, and if the negotiation fails, you can sue the court for divorce, so as to protect your legitimate rights and interests to the greatest extent.
Is it good to divorce if you haven't lived together for six years.
Dear, hello banquet, happy to answer your <>
If you have not lived together for six years and divorced from a wild marriage, if both parties agree to divorce, then you can divorce by agreement, and both parties can sign a divorce agreement and go to the civil affairs organ to register the divorce; If one party does not agree to the divorce, then the other party can also sue for divorce. In the case of divorce by litigation, the divorce will only be granted if the judge determines that the relationship between the husband and wife has indeed broken down and is not suitable for continuing to live together. It is recommended to entrust a lawyer to collect relevant evidence, and if the negotiation fails, you can sue the court to ask for a divorce, so as to protect your legitimate rights and interests to the greatest extent.
There are two types of divorce: first, the agreement is divorced and the marriage is noisy: that is, the two parties reach an agreement on issues such as child support, division of joint property between husband and wife, and joint debt sharing, sign a divorce agreement, and both parties sign to the civil affairs department where the marriage registration is buried to obtain the divorce certificate; 2. Sue for divorce: It is recommended to entrust a lawyer to intervene to protect your legitimate rights and interests.
It's that the man doesn't agree.
The pro filed a divorce lawsuit.
If the man is unwilling to divorce, the woman can file a divorce lawsuit. The law stipulates that if a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. If the relationship between the couple is broken, the court will grant a divorce.
Ok thanks!
Excuse me, what do I have to prepare?
When the relatives sue the court for divorce, they should submit the marriage certificate, SFZ, and dust-type lawsuit, the original and 2 copies of the 1-inch ** brother suspects. The complaint shall contain the basic information on the identity of the plaintiff and the defendant, the litigation claims, the facts and reasons, and other such content. The evidence provided includes SFZ, marriage certificates, children's birth certificates, evidence that the husband guesses that his wife's feelings are broken, evidence of the other party's wrongdoing, evidence of property, etc.
If a pair of people who love each other, even if the love is deep, if they are not together for some time, their feelings will be slowly diluted by time, who will change their minds on both sides, who will make friends of the opposite sex again, no one can guess, no one can think of it, if you want to redeem it, then you had better take as much time as you have to spend time with her, it is best to know what her situation is at all times, and one point, learning is not really able to make money, you are still studying, It's harder to say if you or she will meet someone better. >>>More
Long-distance relationships are really troublesome.
There are three ways to cook dumplings without sticking.
1. When mixing with dumpling noodles, add 1 egg per 500 grams of noodles to increase the protein content, and when cooking, the protein shrinks and solidifies, and the dumpling skin becomes firm and not easy to stick. >>>More
When filing a lawsuit, you need to bring your marriage certificate, ID card, complaint, defendant's household registration certificate or residence certificate and other materials to the competent court to file a lawsuit, and then wait for the court to hear it. >>>More
If you want to get back together, consider these two questions first.