After being separated for more than a year, I met once in the middle Can I force a divorce

Hello, if the other party does not agree to the divorce, you can use the method of litigation divorce to request FY to divorce. Sichuan Pinmo Law Firm is a comprehensive law firm founded in 2010 with a spacious and bright office area and an elegant environment. Over the years, there have been many successful cases in the fields of divorce disputes, child support, property division, criminal defense, contract disputes, etc., and the firm's legal team is dominated by young and middle-aged lawyers with a master's degree in law, more than 10 years of practice, and professional dedication.

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No, but this needs to know the reason, if the husband and wife have to separate because of some work and other things, but the feelings for each other are still or deeper, it is not possible to force a divorce, if it is because the family is not harmonious, the two have long been dissatisfied with each other, but for some reason they must be together, it is possible to force a divorce, but this must ask the wishes of the two people, let the two decide for themselves.

There is no concept of forced divorce in our country. There are two ways to divorce: (1) divorce by mutual agreement; (2) Sue for divorce.

1. [Methods of voluntary divorce between the parties].

1.Both parties sign a divorce agreement:

The agreement clarifies issues such as the division of property, the ownership of child custody, the method and amount of child support, the method and time of visiting children, and debts (if there are no items, they can be omitted and not written).

2.Go to the place of permanent residence to go through the divorce procedures

In accordance with Article 10 of the Marriage Registration Regulations, both men and women shall go to the marriage registration authority where either of the parties has permanent residence to register their divorce. (Both parties must be present).

3.The following basic documents need to be brought to go through the divorce procedure:

ID cards and household registers of both parties.

Marriage certificate. Two 2-inch recent bareheaded photos of each of the parties.

Divorce Settlement.

2. [Methods of suing for divorce].

If one party asks for a divorce and the other party does not agree, there is an option to sue for divorce.

1.Write a divorce petition:

Ask the divorcing party to write a written divorce petition. The complaint indicates the basic information such as the name and address of the defendant (defendant). Indicate specific demands: child support issues, property division issues, etc. Write down the reasons for the divorce.

2.Filing a divorce petition with a court of competent jurisdiction:

Filing for divorce is a civil litigation case and is handled in accordance with civil litigation procedures. If one party files for divorce and the other party does not agree, in general, the divorce should be filed in the court of the defendant's domicile or habitual residence. In the case of special statutory circumstances, a lawsuit shall be filed in the court at the place of the plaintiff's domicile or habitual residence.

For details, please refer to the "Provisions of the Civil Procedure Law on the Court with Jurisdiction to Sue for Divorce" below).

3. [Provisions of the Civil Procedure Law on the Court with Jurisdiction to Sue for Divorce].

Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

Article 22: The people's court for the plaintiff's domicile has jurisdiction over the following civil lawsuits; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

3) Litigation against persons subject to compulsory educational measures;

4) Proceedings against incarcerated persons.

4. [Interpretation of Judicial Terms].

Domicile] refers to the place of permanent residence (place of household registration).

Habitual residence] refers to the place where the citizen has resided continuously for more than one year from the time he leaves his or her place of residence until the time of the indictment. However, this does not apply to places where citizens are hospitalized.

Yes, you have to sue for divorce, for the cause of relationship breakdown, and it is very important to have more than a year of precinct, and it is best to have evidence of separation.

As long as you have evidence and physical evidence to prove that you have been separated for 2 years, you can force a divorce by litigation.

So wait a little longer and you can sue.

A one-time divorce can be granted under certain conditions after a year of separation. Divorce by mutual agreement is a voluntary divorce between the two parties, and the divorce agreement is signed and the divorce registration is applied to the marriage registration authority; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.

1. How to divorce a husband for domestic violence.

The husband can divorce by agreement and divorce by litigation, and the divorce by agreement is agreed upon by both parties, and after signing the divorce agreement, they apply to the marriage registration authority for divorce registration, and after the 30-day cooling-off period for divorce, they apply to the marriage registration authority for the issuance of a divorce certificate; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.

2. How to divorce with two children.

If there are two children, divorce by agreement or divorce by litigation, the procedure for divorce by agreement is that both parties agree through consultation, apply for divorce registration with the marriage registration authority after signing the divorce agreement, and apply for the issuance of a divorce certificate in person at the marriage registration authority after the divorce cooling-off period; The formalities for divorce by litigation are that one party files a divorce lawsuit with the Shushu Court, and after the court's trial, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted by a judgment.

3. Divorce procedures are handled in **.

Divorce can be handled at the marriage registration office or at the court. If the divorce by mutual agreement is voluntarily divorced, the divorce shall be registered with the marriage registration authority after signing the divorce agreement, and the divorce certificate shall be issued in person at the marriage registration authority after the divorce cooling-off period; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.

Article 1076, Paragraph 1 of the Civil Code, where the husband and wife divorce voluntarily, shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. Article 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Where one of the husband and wife requests a divorce in paragraphs 1 and 2 of Article 1079, 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.

Legal Analysis: Separation does not require a forced divorce. There is no provision on compulsory divorce in the Marriage Law, and divorce can only be obtained by agreement or litigation.

Legal basis: According to the Marriage Law of the People's Republic of China

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 or woman requests 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.

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

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members with lead socks;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

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

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

The legal reason for divorce in China is divorce due to emotional breakdown, and the court has clear provisions on separation, and husband and wife can sue the court for automatic divorce if the relationship is completely broken down and they have been separated for two years. Under normal circumstances, the judge will grant the divorce as long as the applicant can prove that the parties have been separated for at least two years and that it is completely impossible to get back together. It is worth noting that on the issue of how many years a husband and wife can be separated before a compulsory divorce is compelled, if only the time requirement is met, the court will probably not grant a divorce.

Another core requirement that needs to be met is that the relationship between the husband and wife is considered to be completely broken down in the law, and as long as this is met and the fact of separation can be proved, the court can force you to divorce. Otherwise, no matter how long the separation is, and the husband does not agree to mediate the divorce, the court will not force the divorce.

So what are the requirements to go to court to apply for a forced divorce?

There is no limit to the circumstances of suing for divorce, as long as one party wants to divorce, he can sue for divorce, as for whether the court decides a divorce, it depends on whether the relationship between the two parties has broken down. The conditions for divorce by litigation are: 1. Both parties have obtained a marriage certificate.

2. To file a lawsuit for divorce, it must be a party to the marriage relationship, and no other third party may file a lawsuit as a party to the lawsuit. 3. The party who initiates a lawsuit for divorce must have full civil capacity, and a person who does not have full civil capacity cannot file a lawsuit for divorce. To sum up, the above Neidong Larong is the lawyer's answer to the questions related to separation and forced divorce, are you clear?