After two years of separation, in a different place, what should I do about divorce procedures

Updated on society 2024-05-26
5 answers
  1. Anonymous users2024-02-11

    In general, if one party does not agree to the divorce, the other party can still sue for divorce. Legally, everyone has the right to file a divorce lawsuit. However, the outcome of a divorce case can be affected by a variety of factors, including the evidence and statements of both parties, as well as the provisions of the law and the judge's judgment.

    If one party does not agree to the divorce, the other party can still file a divorce lawsuit. In court, the party filing for divorce needs to provide evidence that justifies their lawsuit. This evidence may include relationship problems between husband and wife, domestic violence, financial problems, etc.

    If the court finds the divorce reasonable, the court can grant the divorce even if the other party does not agree. However, the court will also take into account the opinion of the other party. If the other party believes that the divorce is unreasonable, the court may need to hear the evidence and statements of the other party....

  2. Anonymous users2024-02-10

    In this case, it is recommended that you sue, prepare evidence of separation for more than two years, and the branch office for more than two years is a kind of legal relationship breakdown, and divorce can generally be awarded... It is enough to have a marriage certificate, a copy of your ID card, and a copy of your household registration, and entrust a lawyer to go to the court to sue...

    Generally speaking, in addition to the issue of deciding whether to divorce and child custody, divorce cases will divide the joint property according to the evidence, and the joint debts will also be dealt with, so you should fight for the part of the joint property that you deserve, which is your legal right...

    With regard to children, if you are under the age of eighteen, you are obliged to pay child support even if you do not ask for a share of the property... If you can reach an agreement with the man, the man is willing to do without your child support, but the premise is that the man can ensure that he can ensure the needs and normal development of the child, otherwise the agreement is not valid... Of course, if you are really in financial difficulty, you can report the situation to the court and ask for a waiver of child support.

  3. Anonymous users2024-02-09

    Bring a lawsuit to the court where the defendant is located.

    It is advisable to request the division of property in accordance with the law.

    In the vast majority of cases, child support must be paid.

  4. Anonymous users2024-02-08

    The two of you are separated, if you really want to divorce and the man keeps preventing it, then you choose to sue for divorce.

    Even if you don't want property, child support is still paid.

  5. Anonymous users2024-02-07

    Legal analysis

    You can apply for a divorce by mutual agreement or a divorce by litigation. 1. Divorce by agreement. After the two parties have negotiated, they shall go through the divorce formalities at the marriage registration authority where one of the parties has permanent residence with the divorce agreement, marriage certificate, ID card, and household registration booklet.

    2. If one party does not agree to the divorce or regrets not performing the act after signing the divorce agreement, the other party may file for divorce.

    Legal basis

    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 family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) Separated for two years due to emotional suspicion and 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 a divorce is not permitted, and the parties have been separated for another year, and one party files a divorce lawsuit again, the divorce shall be granted.

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