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Anonymous users2024-02-12[Legal Analysis].: Divorce can be litigated. Sue for Divorce Process:
1. Drafting 3 divorce complaints; 2. Prepare the evidence required for divorce proceedings; 3. Submit the divorce complaint and relevant evidence to the court with jurisdiction; 4. The court decides whether to accept the lawsuit; 5. After the court accepts the divorce case, it shall send a copy of the complaint to the other party within the statutory time; 6. The court arranges the first time and sends a summons to both parties; 7. **: Both parties can entrust a lawyer or other professionals to litigate.
[Legal basis].Article 1079 of the Civil Code of the People's Republic of China 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.
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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Anonymous users2024-02-11Divorce proceedings may be filed directly with the people's court through mediation by the relevant departments.
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 spouse with another person; (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) 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.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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Anonymous users2024-02-10If the husband does not return home and does not divorce, the parties can mediate by the relevant departments or directly file a divorce lawsuit with the people's court. Under the mediation of the court, the parties reach an agreement on issues such as property division and child support, and the people's court approves the divorce and prepares a divorce civil mediation document as a legal document for both parties.
1. If the husband does not return home and does not divorce, the parties can mediate by the relevant departments or directly file a divorce lawsuit with the people's court. Under the mediation of the court, the parties reach an agreement on issues such as property division and child support, and the people's court approves the divorce and prepares a divorce civil mediation document as a legal document for both parties.
2. Legal basis: Article 1088 of the Civil Code of the People's Republic of China.
If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 81.
Where, during the existence of the marital relationship, one of the husband and wife as the heirs is entitled to inherit the inheritance in accordance with law, but the inheritance has not been actually divided among the heirs, and the other party requests division at the time of filing for divorce, the people's court shall inform the parties to file a separate lawsuit after the inheritance is actually divided among the heirs.
2. The details of suing for divorce and miscarriage are as follows:
1. Submit an application;
2. Accept the application for divorce registration;
3. Review the documents submitted by the parties, and fill in the "Divorce Registration Review and Processing Form" if they meet the conditions for divorce;
4. After passing the review, the divorce certificate will be issued.
If you think that the relationship between the couple has broken down and you want to dissolve the marriage, you can bring it up even if he doesn't mention it.
Not going home is just the end result, and if you want to solve the process well, you must first find the cause from this wrong and bad process. If your lover doesn't go home, if you have a good relationship in front of you, it means that there is a feeling of depression in this family, and it also means that in life, you have not established a harmonious and healthy tacit understanding of life, and there is more friction and disagreement between each other, estrangement and incomprehension, so when these bad factors accumulate too much, it completely covers up your feelings, resulting in the impression of this family is a kind of depression and heaviness, and it also makes him have no motivation to continue, forming a fixed impression. >>>More
If your husband doesn't come home, you can communicate with him and negotiate a solution. If your husband doesn't come home, you must first find out the reason why he doesn't come home. It can be implemented in the form of communication, generally speaking, the words are spoken, and the husband comes home. >>>More
1. Be a virtuous wife.
Although the husband does not come home, the woman cannot quarrel with him, and should do better to make the man feel guilty. Since he doesn't want to come back, there must be someone or something outside that attracts him, if a man sees his wife so virtuous, he must feel sorry in his heart, so he will get rid of these bad habits and slowly return to the family. Therefore, women should clean up the home and arrange it more warmly, when the man occasionally comes back and sees that the home is so good, his heart will naturally feel very warm, after all, no one wants to take a woman who is not virtuous. >>>More
If it has been a divorce for a long time, and the man has worked hard to redeem it, he has worked hard, but the wife is still unrelenting and does not go home, then find a time, make an appointment, and the two parties will talk to each other calmly, talk about their hearts, see the wife's true thoughts and attitudes, really understand the reasons for the divorce, what conditions the wife has, etc., and see if there is no hope of reconciliation. >>>More