What should I do if the man refuses to divorce the woman?

Updated on society 2024-05-24
8 answers
  1. Anonymous users2024-02-11

    Divorce proceedings may be filed.

    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 and a woman request 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;

    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.

    Therefore, if one party requests a divorce, he or she may directly file a divorce lawsuit with the people's court. The court will make a judgment in accordance with the relevant provisions of the Marriage Law.

  2. Anonymous users2024-02-10

    It is determined that the divorce is to be made, and the agreement cannot be reached, so the evidence can only be collected and filed with the court. Without divorce registration from the Civil Affairs Bureau or a divorce by a court decision, the marriage relationship will continue forever, and there is no automatic divorce.

  3. Anonymous users2024-02-09

    It is useless to find a lawyer, only to wait for an automatic divorce.

  4. Anonymous users2024-02-08

    According to the law, you may have to separate for three years and then go through the legal process.

  5. Anonymous users2024-02-07

    If there is no room for recovery, the only way to do so is through judicial means.

  6. Anonymous users2024-02-06

    The woman can file for divorce. According to the laws of our country, if the husband does not agree to the divorce, but the relationship between the husband and wife has indeed broken down irretrievably, the woman can dissolve the relationship between the husband and wife through divorce by litigation. At this time, the woman needs to collect evidence that can prove that the relationship between the husband and wife has indeed broken down, file a divorce lawsuit with the court, and ask the court to grant a divorce.

    After review, if the court finds that the relationship between the two has indeed broken down and is irretrievable, it will most likely sentence the two to divorce.

    [Legal basis].

    Civil Code of the People's Republic of China Article 1079 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. After the people's court has ruled that the divorce is not allowed, and the two parties have lived separately for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

  7. Anonymous users2024-02-05

    If the other party does not agree to the divorce, he can divorce the wild shed through litigation. The party who wants to divorce may bring the marriage certificate, ID card, household registration booklet, complaint and a copy thereof to the court where the defendant is domiciled to file a divorce lawsuit, and if the defendant's domicile is inconsistent with the place of habitual residence, the court at the place of habitual residence shall have jurisdiction. After the court accepts the case, the mediation is invalid, and if the trial finds that the relationship between the husband and wife has indeed broken down, the divorce will be decided.

    The following circumstances can be identified as the breakdown of the relationship between husband and wife: Song Branch.

    1) bigamy or cohabitation with another person;

    (2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling, drug addiction, and drug addiction that they have not been taught to change;

    (4) They have been separated for two years due to emotional discord;

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

    Legal basis: Article 1080 of the Civil Code, the marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

  8. Anonymous users2024-02-04

    What evidence needs to be prepared to sue for divorce.

    1. Identity document.

    Basic identity information about the plaintiff and defendant. This type of evidence mainly refers to ID cards, as well as household registers, birth certificates, driver's licenses, military IDs, overseas Chinese certificates, passports, household registration certificates from public security organs, and certificates from resident (villager) committees.

    2. Evidence of marital relationship.

    Evidence of the existence of a marital relationship between the plaintiff and the defendant. The main thing is the marriage certificate, if the marriage certificate is lost, you can go to the marriage registration authority or the archives to issue a certificate. In addition, it should be pointed out that if the plaintiff and defendant are in a de facto marriage (that is to say, the time of cohabitation of the plaintiff and defendant was before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and the parties had met the substantive requirements for marriage and lived together in the name of husband and wife, but the marriage had not been registered), it was necessary to provide relevant facts and materials.

    Generally, this type of evidence includes certificates issued by the units of both the plaintiff and the defendant, certificates from villagers' (residents') committees, or other witness testimony, documentary evidence, and physical evidence that can prove the circumstances of the case.

    3. Evidence that the relationship between the husband and wife has indeed broken down.

    According to the relevant laws and regulations, generally this kind of evidence includes the original tremor issued by the relevant unit, the proof that the defendant has been separated for two years, evidence of extramarital affairs, evidence of domestic violence, gambling, drug abuse, etc., and exit records of the public security organs.

    4. Evidence of child support.

    Proof of the child's life, study, upbringing, etc. Generally, such evidence includes birth certificates, identity certificates, certificates issued by schools, kindergartens, etc., and the current situation of the child's grandparents is also very important, which is related to the child's growth environment, please try to provide it. If the child is born out of wedlock, even if the other party does not approve of it, it is necessary to provide proof of parent-child relationship.

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