Divorce has one party does not agree to the best way is to go what is the easiest

One. Many divorces are filed unilaterally, and it is very rare that both people have a desire for divorce.

You can go to the marriage registration office to register your divorce without going to court. When registering a divorce, the following documents are to be provided:

1. Hukou booklet, ID card.

2. Marriage certificate.

3. The divorce agreement signed by both parties.

2. Divorce proceedings. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court based on the statutory reasons for divorce, and the people's court makes a judgment on whether the marital relationship is maintained or not.

The formalities (process) of divorce proceedings are as follows:

1. Go to the people's court to file a lawsuit application with the court. Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If both of you do not live in the same place, you will have to file a lawsuit at the man's place of residence according to the principle of "plaintiff against defendant".

When filing for divorce proceedings, the following documents must be provided:

a. Petition for divorce (in triplicate).

b. Hukou booklet.

c. ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.).

d. Marriage certificate.

2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.

3. After accepting the case, the case filing division of the court will transfer the case to the civil division for trial.

4. After the civil division accepts the case, it issues a summons to the man, requiring him to appear in court at a certain time to respond to the lawsuit. At the same time, the court will also notify you to appear in court.

5. After both parties arrive in court, the court will mediate (this is a necessary procedure). There are 3 types of mediation outcomes:

a.If both parties are willing to maintain the marriage after mediation, you will withdraw the lawsuit and the marriage will continue to be valid.

b.After mediation, if he agrees to your divorce request and deals with the children and property issues, you will withdraw the lawsuit and both parties will go to the marriage registration office to register the divorce.

c.After mediation, you insist on a divorce and he does not agree, or if both parties agree but there is a dispute over the handling of the children and property issues. The court will hear and make a judgment.

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce. Article 32 of the Marriage Act provides for the following exemplary statutory grounds for granting a divorce:

a.bigamy or cohabitation of a spouse.

b. Committing domestic violence or abusing or abandoning family members.

c.Those who have bad habits such as gambling and drug abuse, and who do not change their ways.

d.Separated for 2 years due to emotional discord.

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

The legal process is completed in half a year, and you can not contact each other during the period!

I have to go to court to sue.

Legal analysis: If one party files for divorce and the other party does not agree, the marriage relationship can generally only be dissolved through litigation divorce. Usually, it is necessary to file a lawsuit for divorce in the court of the defendant's domicile, and if the defendant's domicile and habitual residence are not the same, it is necessary to file a lawsuit in the court of the defendant's habitual residence.

In addition, it is also necessary to prepare materials such as complaints, marriage certificates, evidence of emotional discord, and rent clearance documents. If the court finds that the relationship between the parties has indeed broken down, the divorce will generally be granted.

Legal basis: Yinslip Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 a member of the family;

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.

Divorce by lawsuit. If one party does not agree to the divorce, it is generally possible to get a quick divorce through litigation. If there is evidence of domestic violence, abandonment of family members, bigamy or cohabitation with another person, the court will grant the divorce after mediation fails.

The materials that need to be prepared for divorce procedures. Household registration book, resident ID card, marriage certificate, divorce agreement, and two two-inch singles with the same background color.

Divorce proceedings:

Both parties apply for divorce in writing and present their documents.

The parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts, etc.

Fill out the declaration of application for divorce registration and the divorce agreement.

Fill in the application form for divorce and the marriage registration certificate processing form, and register it for review by the registration authority.

Obtain a divorce certificate. <>

Legal analysis: If one party is unwilling to divorce, the other party can only achieve the purpose of divorce by suing for divorce. One of the parties who wants to end the marriage can bring copies of the ID cards of both parties, such as the certificate of marital relationship, as well as relevant evidence, to the court to sue for divorce.

After the trial, if the court finds that the circumstances of divorce are met, the divorce will be granted even if the other party does not want to divorce. Evidence can be evidence of cohabitation between the other party and others, evidence of domestic violence or abandonment of family members, etc.

Legal basis: Civil Code of the People's Republic of China The 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 after repeated attempts; (4) Where they have lived or resided for two years or more due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.