My husband can t find it, how to divorce? Can I get a divorce if I can t find a husband

As long as you can make money, your husband is of no use at all, or dispensable.

Divorce can be obtained after separation for more than two years.

In judicial practice, the court divides two situations when accepting such cases:

1.How can one of the spouses be divorced if the whereabouts of one of the spouses have been unknown for two years or more, and no one can be found in this case?

In this case, there are two options:

1) Apply to the court for disappearance or death. The parties may apply to the people's court for the disappearance of an unknown person (after two years of missing persons) or death (after four years of missing persons), and the people's court shall declare the missing person missing or dead in accordance with law, and the marital relationship shall also be dissolved on the date of the declaration.

2) Sue directly to the court for divorce.

For this kind of situation of finding someone how to divorce, the specific practice of the court generally has five steps:

Step 1: One of the parties files a lawsuit for divorce with the court.

Step 3: The prosecuting party or the relevant department of the court is to collect reinforcing evidence that the other party's whereabouts are unknown or there is no news, and further determine that the address of the other party's legal documents cannot be directly served.

Step 4: After the plaintiff pays a certain amount of service fee, the notice will be published on the court's bulletin board and related ** for public notice service. Inform the other party of the rights and obligations of the other party and the legal consequences of not participating in the litigation in a timely manner.

The announcement period is 60 days for domestic cases and 6 months for foreign-related cases.

Step 5: When the notice expires, it will be deemed to have been served, and the default** and judgment will be made.

2.If one of the spouses has been missing for less than two years, how can I get a divorce if I can't find anyone in this situation?

In this case, the relationship between the husband and wife may have broken down due to the fact that one of the spouses has run away, has not been in contact with the family, has not undertaken family obligations, and has intentionally violated the marital obligations, and the parties may file a divorce lawsuit with the people's court of the defendant's last place of residence in accordance with Article 32, Paragraph 5 of the Marriage Law, "Other Reasons for the Breakdown of the Marital Relationship".

Generally, if the other party cannot be found, the announcement will be made. In divorce cases, if the legal conditions for divorce are not met after the first lawsuit, a judgment will generally not allow the divorce. After the first judgment takes effect, the second lawsuit will be filed six months later, and in most cases, a divorce will be granted.

Since the period of the announcement is three months, it basically takes about two years to go through the announcement of the complaint, the announcement of the ** and the announcement of the judgment.

Legal Analysis: If the husband cannot be found, he can divorce through litigation. Divorce by mutual agreement requires the husband and wife to reach an agreement on matters such as the joint property of the husband and wife, the custody of children, and the joint debts of the husband and wife, and then jointly go to the registration authority where either party has a permanent residence to register the divorce.

If the husband cannot be found, and the requirements for divorce by agreement are not met, the divorce can only be obtained by litigation, and after the court files the case and registers, the notice of filing and the notice of ** can be served on the man by means of public announcement. If the husband does not attend, the court may make a default judgment. In the absence of the man, there may be adverse consequences.

Article 1079 of the Civil Code of the People's Republic of China: Where one of the spouses 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) Due to emotional discord, Tu Zheng has been separated for two years; (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.

If the husband cannot be found, the wife can sue for divorce directly at the plaintiff's domicile.

1. You can first apply for a declaration of disappearance, and then go to the court to sue for divorce. If the other half of the marriage has disappeared for less than two years, and the parties want to divorce, they may first apply in writing to the people's court for the other half to be declared missing, and the people's court will make a public announcement that the other half is missing, and the announcement period is generally three months, and after the announcement period expires, the people's court may make a unilateral judgment on the divorce request submitted by the parties.

2. Go directly to the court to sue for divorce, and the court will issue an announcement. You can go directly to the court to sue for divorce, and the court will issue an announcement on the disappeared other half, and after the expiration of the first announcement, the court can also unilaterally make a default judgment.

1. If one party is missing, how can the other party handle the divorce?

1. If the defendant's whereabouts have been unknown for 2 years and the defendant is declared missing by the people's court, the plaintiff sues for divorce, and the people's court shall directly make a judgment to grant the divorce.

2. If the defendant's whereabouts have been unknown for 2 years, and the other party does not apply for a declaration of disappearance, but directly sues for divorce, the people's court shall accept it in accordance with law, and serve the litigation documents on the person whose whereabouts are unknown, and at the end of the public notice, the divorce is to be made in absentia.

3. If one party's whereabouts are unknown for less than two years, and the other party directly sues for divorce, the court will accept it, but the absentee judgment will be carefully considered in the absence of the judgment.

Article 84 of the Civil Procedure Law clearly states: "If the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, the announcement shall be made in imitation of service." 60 days from the date of issuance of the announcement shall be deemed to have been served. ”

Article 120:Form of prosecution.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Conditions to be met to register a divorce:

The parties applying for divorce must be parties to a legal marriage relationship who has gone through marriage registration;

The parties applying for divorce should be persons with full capacity for civil conduct;

The divorce application is an expression of the true intentions of the parties to the application for divorce, and bears the legal consequences, etc.