It s been more than 2 years since I got divorced, and I haven t got a divorce judgment, is this cons

There are two ways to divorce: divorce by agreement and divorce by litigation, if the two parties agree to go to the marriage registration agency to handle the divorce, and get the divorce certificate is the real dissolution of the marriage relationship. In the case of divorce by litigation, the court will not issue a divorce certificate, but will only have a divorce judgment, so if the court decides a divorce and has not received the judgment, is it considered a divorce? This is not necessarily, it needs to be looked at on a case-by-case basis:

If the court has already granted a divorce, and it is served in person or by mail, and the marital relationship has not been contacted before the judgment is received, that is, there has been no divorce, because the court's divorce judgment has taken effect for a period of time, and if both parties have not appealed 15 days after the first-instance judgment is served, it will take effect; Once the second-instance judgment is rendered, it will take effect immediately. If the announcement is served, it will be counted from the day after the announcement expires. After the expiration of the announcement period, even if the judgment is not obtained, the court's judgment is still effective, that is, the divorce has been obtained.

Legal provisions: Article 164 of the Civil Procedure Law of the People's Republic of China? Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

If you have sued for divorce for more than 2 years and the court has not granted a divorce, you are not divorced.

If the judgment is made, you just didn't get the judgment, and you are considered divorced.

You can go to the court and ask again.

Legally, no! Written proof is required.

In life, I can make friends normally, but I still can't get married.

The law requires a written text, and it doesn't count if the verdict is pronounced and the verdict is not obtained, but the procedure is halfway through.

Did you go to court?

If there is. Just check with the court.

If not. It is necessary to go to court to start the divorce process.

Evidence to determine the time of separation, the fact of two years of separation has been legally recognized.

No, also the prosecution.

1. When you sue for divorce for the first time, if you firmly disagree. The court is generally cautious, and if one party firmly disagrees, it is generally decided not to grant a divorce. 2. After the first judgment, as long as 6 months have passed, the woman can sue again.

When filing a lawsuit for the second time, if one party insists on asking for a divorce, the court generally believes that the relationship between the husband and wife has indeed broken down.

Hello, there is no automatic divorce in my country. If there is no judgment of divorce, it is still a husband and wife, and it is still necessary to go through the divorce registration procedures or go to the court to sue for divorce. At present, there are only two types of divorce in China, divorce by agreement and divorce by litigation.

Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce formalities together. However, it should be noted that the Civil Code provides for a 30-day "cooling-off period" for divorce, which means that now both husband and wife have to go to the marriage registration office twice. Litigation divorce is when one party goes to court to sue for divorce.

Compared with divorce by agreement, litigation divorce more solves controversial issues between husband and wife, such as whether to divorce, how much property is divided, who has custody of children, or how to bear debts. Therefore, if the husband and wife disagree on the above issues and cannot reach an agreement, then the marriage needs to be dissolved by way of litigation divorce.

It should be noted that, as a man, the right to sue is partially restricted. The man may not sue for divorce during the woman's pregnancy, within one year after childbirth, or within six months of the termination of the pregnancy.

Article 1079 of the Civil Code of the People's Republic of China stipulates that in any of the following circumstances, if mediation fails, a divorce shall be granted.

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.

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.

According to the provisions of this article, you also need to sue for divorce again, if you have been separated from the woman for more than one year, then the court will grant a divorce for the second time.

The court has decided the divorce, but there is no divorce certificate, it is considered a divorce, because it goes through the litigation procedure, you do not need a divorce certificate, and the court judgment can determine the fact of divorce between the two, but there are certain provisions and requirements on the effective date of the court judgment.

If there is no appeal within 15 days from the day after the receipt of the divorce judgment, the judgment will take effect, and if the divorce is repeated in the second instance, the judgment will take effect from the date of receipt of the judgment.

Marriage is a major event, the original purpose of marriage is to have a happy family, have a very perfect result and go hand in hand for a long time, but often backfired, in daily life, many couples are tired of life because of some family trivialities. In the process of getting along, the relationship between the two was finally worn out, and in this case, the marriage that maintained each other could not last long, and thus came to the end of the marriage.

However, there are also divorces in the process of getting along, because the two are not very suitable in all aspects such as personality, but no matter what the reason, the final result is divorce, since it has come to the step of divorce, it is better to sit down and talk about it, rather than going-for-tat to court, which does not have much benefit to both parties, so when we face divorce, sometimes we need to have an open-minded heart while being cautious, and minimize the harm to each other, which is our best result in the end. Just like this, the divorce that goes through the litigation process is actually a tiring thing, although it can achieve the goal in the end, but it still hurts each other, so it is better to be open-minded, to be able to fulfill each other, and to be able to get together and disperse.

If there is no divorce certificate, it is not a divorce, only if the divorce certificate is processed, then the two people can be considered a formal divorce, and this situation is also for many groups, so in this case, the corresponding documents must be handled.

Of course, because the court has already pronounced a divorce on you, this can prove that you are now divorced.

The court has decided to divorce, and at the legal level, you are indeed divorced, but you still need both parties to go to the Civil Affairs Bureau to go through the divorce procedures.

If the divorce judgment is not received, it is generally not considered a divorce, but if it is a divorce by litigation and the people's court grants the divorce, after the judgment takes effect, it will be considered a divorce; However, if the whereabouts of one of the husband and wife are unknown, and the people's court uses a public notice to serve it, and the divorce judgment has not been received, after the expiration of the public notice, it is considered to have been divorced.

Article 148 of the Civil Procedure Law of the People's Republic of China: The people's courts shall publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

When a divorce judgment is announced, the parties must be informed that they must not marry separately before the judgment takes legal effect.