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The longer a divorce drags on, it is not beneficial for both parties. Sometimes it's worse for women. When a woman is a year older, it is more difficult to find a new boyfriend, but this is not absolute.
It depends on your overall strength. If one party does not want to get a divorce, the divorce should not be too long. If the husband is at fault and the relationship between the husband and wife breaks down, the woman can better protect her rights and interests by actively collecting evidence.
If the marriage registration authority discovers that both parties have truly voluntarily and properly disposed of the issue of children or property, they shall issue a divorce certificate. Where one party requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. If the divorce is invalid, the court grants the divorce.
The first instance can be up to 6 months, and the second instance can be up to 3 months.
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If the two people are separated, if they are separated for more than a year, they can only sue the court, and then if there is no de facto marriage, they can get a divorce.
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You can sue directly, give your reasons, and go to the court where you are located, although it may not be successful once. But two times is basically fine. Of course, there will be a little time in between.
Good luck. If you have special evidence, such as domestic violence, then once is fine.
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If the relationship between the husband and wife cannot be continued, the man drags on without divorce, and the divorce by agreement cannot be realized, then you can choose to sue for divorce and file a divorce claim with the court where the marriage registration authority is domiciled, and the court will make a judgment in accordance with the law.
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This situation is best handled tactfully, and it must be discussed well, after all, it is not easy for two people to get together, and it is a good thing that both people have changed.
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If the man tries to be reluctant to divorce, then after two years of separation, he can go to the court to apply for divorce, and after more than two years of separation, he can grant a divorce.
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If a man drags out the countermeasures of not divorcing, then I think you can go to the court to sue him and complain about him. Trimester. If he doesn't show up, he can be divorced, and it will take effect.
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If the conditions are enough to grant a divorce, then go to the court and take the initiative to divorce you.
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After separation, divorce proceedings can be filed in court.
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Don't divorce the bald. If he can change his mind, the Gu family can live together. If he doesn't care about his family and doesn't divorce, then you can send a court to sue.
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The man drags on not getting a divorce, does he still love the family, or does he want to be responsible for the family?
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1. What are the countermeasures for men to drag on and not divorce?
1) It is the best and most ideal way to persuade the other party to go to the civil affairs department to handle the divorce by agreement;
2) If you cannot agree on the divorce, you can choose to try to divorce by filing a lawsuit in court.
2. 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 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.
2. Who is it good to drag on without a divorce?
1. If the relationship between the two parties has actually broken down, it is better to divorce sooner than later, in addition to delaying each other, the sooner or later divorce will not affect the division of the joint property of the husband and wife;
2. If the relationship between husband and wife breaks down and one party does not agree to divorce, the marriage can only be dissolved through divorce by litigation. Generally, it is necessary to file a lawsuit in the court of the defendant's domicile, and if the domicile and habitual residence are inconsistent, the lawsuit must be filed in the court of the defendant's habitual residence. In addition, materials such as complaints, marriage certificates, and evidence of emotional discord are also required.
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The man can choose to divorce by litigation if he does not divorce, but it is the best way to persuade the other party to divorce by agreement, and the divorce by agreement must be handled by the civil affairs department, and if an agreement cannot be reached, he can go to the court to sue for divorce.
Litigation divorce refers to the fact that one of the husband and wife files a lawsuit with the people's court, and the people's court will mediate or make a judgment to dissolve the marriage relationship after the people's court hears the case through litigation procedures. According to Article 1079 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, if a man and a woman request a divorce, the relevant departments may mediate 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.
Applicable conditions: (1) One spouse requests a divorce, but the other party does not agree to the divorce; (2) Both husband and wife are willing to divorce, but cannot reach an agreement on issues such as child support and property division; (3) A de facto marriage that is recognized by law and is a de facto marriage in the name of husband and wife without going through marriage registration in accordance with the law. For consensual divorces that meet the conditions for registered divorce.
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If you file for divorce with the court, it is more likely that the divorce will not be allowed for the first time, and if you do not live in the same house after one year, the second time you should be divorced according to law.
Legal basis: Civil Code
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Yes, not showing up is an absence, and the last absence is a default divorce.
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If the husband does not show up without a valid reason, the court may also grant a divorce.
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Anyway, sue Sa, believe in the law, if you don't get it, believe that the law will give you protection, don't be too embarrassed yourself.
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The process of suing for divorce consists of three stages:
1) The first stage: the prosecution stage.
This phase consists of the following three procedures:
1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;
2. The people's court accepts the documents and materials submitted by the plaintiff and conducts a review;
3. After review, the lawsuit meets the requirements of the law and regulations, and a decision to accept the case is made and the case is filed, otherwise, the plaintiff's documents and materials are returned and the reasons for the inadmissibility are notified.
2) The second stage: the defense stage.
1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date on which the case is filed, and inform the defendant to make a written defense;
2. The defendant shall make a written defense within 15 days from the date of receipt of a copy of the indictment served by the people's court.
If the defendant does not file a reply within 15 days, the people's court will hear the case and make a judgment as usual.
If the defendant is truly unable to make a reply within 15 days for reasons other than his own volition, he may apply to the people's court for an extension of time based on the facts, and the president of the people's court may make a decision on an extension.
3) The third stage: ** trial stage.
1. Drafting complaints;
2. Prepare the evidence required for the lawsuit;
3. Submit the complaint and evidence to the court of competent 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 (under normal circumstances, the parties to the divorce must appear in court, if they cannot appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce);
8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support according to the plaintiff's claim and the evidence submitted by both parties.
If the divorce proceedings are concluded, but if you are not satisfied with the court judgment, you may file an appeal with the Intermediate People's Court within 15 days from the date of receipt of the judgment (10 days for the ruling). If they are not satisfied with the effective divorce judgment (mediation), according to the provisions of the Civil Procedure Law, the parties cannot apply for a retrial, but can only apply for a retrial on the relevant issues of property division and child rearing.
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