-
Go straight to the court and sue for divorce.
Because the man does not know where the woman is now, it is very likely that the court will use the method of public notice service, first by announcing the service of a copy of the complaint and the summons, and the time is 60 days from the date of the announcement. It will be deemed to have been served upon the expiration of the period. Then, if the woman does not see the court notice during the notice period (in fact, the chances of her seeing the notice are very small), the court will hear the case on time on the **date of the notice).
In this case, like the one you introduced, the court will generally grant a divorce. Then, the announcement of the service of the judgment is also 60 days from the date of the announcement. It will be deemed to have been served upon the expiration of the period.
Then wait for a 15-day appeal period, at the end of which the appeal period will take effect if neither party has appealed. At this time, the husband can take the judgment to the trial court and ask for a certificate that the judgment has taken effect.
As you can see from the process I introduced, things are not complicated, but you need to wait for these statutory periods to pass before you can proceed to the next legal procedure. It's going to take about half a year.
-
Divorce can only have the legal effect of divorce when the divorce is registered with the civil affairs department or the court makes a divorce judgment after litigation.
Article 32 of the Marriage Law stipulates that "if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court." At the same time, it also stipulates that "the people's court hears divorce cases" and that if the relationship between a husband and wife who have been separated for two years due to emotional discord has indeed broken down, "mediation fails, the divorce shall be granted".
It can be seen that "the husband and wife have not been together for two years" is not "can be automatically divorced", but can be used as a basis for the court to determine that the relationship between the parties has broken down and make a divorce judgment. Therefore, in order to get a divorce, you must go through the legal process.
-
Can you find her?
1. If it cannot be found, according to Article 151 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, where one of the spouses is missing, and the other party sues the people's court, only requesting a divorce and not applying for a declaration of the disappearance or death of the person whose whereabouts are unknown, the people's court shall accept it and serve the litigation documents on the person whose whereabouts are unknown.
2. If you can find it, you can file a divorce lawsuit with the court, Article 32 of the Marriage Law of the People's Republic of China 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.
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;
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.
-
Go to court to sue for divorce, there is no automatic divorce statement,
-
According to the provisions of the Marriage Act, two years of separation is the basis for the breakdown of the relationship between the parties.
Under normal circumstances, the judge will support your divorce.
-
To apply for legal aid, the work unit or the neighborhood or village committee may first issue a certificate of hardship, and then go to the legal aid center of the local judicial bureau to handle it.
The law is based on the group's evidence
Law of the People's Republic of China on Legal Aid for Concealment
Article 4: People's at the county level or above** shall include legal aid work in citizens' economic and social development plans and basic public service systems, ensuring the coordinated development of legal aid and the economy and society.
People's ** at the county level or above shall complete the legal aid safeguard system, include legal aid-related expenses in the budget for that level, establish mechanisms for dynamic adjustments, ensure the needs of legal aid work, and promote the balanced development of legal aid.
Article 5: The judicial administrative departments are to guide and supervise the nation's legal assistance efforts. The local people's ** judicial administrative departments at the county level or above are to guide and supervise the bank's legal aid efforts in areas where they have neglected to be politically identifiable.
People's ** and other relevant departments at the county level or above are to provide support and safeguards for legal aid efforts in accordance with their respective duties.
-
I see you're mistaken, it's not a matter of "legal help", I'm a lawyer, but it's not something that a lawyer can help. You can only ask ** for help in this matter.
To put it bluntly, this is not something that can be solved by being familiar with the law, but by investigating, and this power is currently only available to the public security organs, and you can only find them.
-
You should have called the police, called the police, the police will file a case for investigation, this police case will be investigated, they will go to the monitoring, you can get the monitoring from the police.
-
How to seek legal help, I think legal help is close by, if you find something that you really can't solve by yourself, you should immediately call 110 and ask the police to help you deal with it, you are called seeking legal help.
I'm serious, please give, thank you.
-
You are on the way to the hospital and are hit by an electric car, and you want to ask for legal help, then you can answer the ** of legal advice to give you an answer, help you clarify your thoughts, and then help you solve the problem.
-
These problems can be solved through legal help, so seeking legal help is the most important part of the process.
-
If you ask for legal help, then you can go to the law firm to ask for legal help, and ask a lawyer to help you solve it, but it is all for a fee.
-
You can go to a Community Legal Assistance Centre for help.
-
2. Living expenses of dependents: Calculated according to the degree of the dependent's inability to work, according to the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted.
However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.
3. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.
4. Moral damages.
5. Other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
The specific amount varies from place to place, and needs to be calculated comprehensively according to the liability, household registration, number and age of dependents, local living standards, insurance, etc.
The eldest should be over 18 years old, and the second should be. This is regardless of the household registration.
-
You can ask the village committee to issue a certificate to prove that the second child belongs to the eldest of the household because the adult has no child support.
-
From a legal point of view, the employer is to compensate for the damage caused by electrocution.
It does not involve the maintenance of the victim's children.
To put it simply, it is the deceased who pays for it, no matter how many children you have.
Having multiple children can only be used as a condition for your personal grievances.
The other party is not obliged to pay a few more shares.
According to the provisions of the Marriage Act, pre-marital property belongs to each other. >>>More
What exactly do you mean by "playing with the old man"? If it is a kind of "play" that is dangerous for an elderly person, such as wrestling and boxing, then it is suspected of negligence causing serious injury or death. If it's normal "play", such as poker, then it should be an accident and your friend is not responsible. >>>More
China's "People's Bank of China Law" stipulates that the institution that confirms the authenticity of the renminbi is the bank, and the confiscation of counterfeit currency belongs to the bank, and the public security department or any other unit or individual has no right to confiscate it, but the commercial service departments have the obligation to assist the bank in discovering and confiscating the counterfeit currency. That is to say, if the general public or the financial and accounting personnel of the unit find "counterfeit money" (actually suspicious money) when receiving and paying cash, they should first detain the "fake money" and then send it to the bank for identification in time. >>>More
Let's start with the most basic questions:
Clause. 1. The contract is normally in duplicate. >>>More
You should be the defendant and 703 should be required to jointly compensate you for your losses. >>>More