I want to get a divorce, and the two have been in a bad relationship for ten years

Hello, according to whether the other party agrees to the divorce or not, divorce is divided into divorce by agreement and divorce by litigation.

Divorce by mutual agreement can be divorced by mutual agreement if both spouses agree to the divorce and agree on the issues of child support and property division. Divorce by agreement needs to go through the divorce procedures at the Marriage Registration Office of the Civil Affairs Bureau, and you can go to the same day to handle it. When going to the Civil Affairs Bureau to agree on a divorce, you need to bring the ID cards, household registration booklets, marriage certificates, and divorce agreements of both parties, all of which are originals.

Some localities are unreasonable and even require family planning departments to issue family planning certificates.

In litigation divorce, if one party does not agree to the divorce, or the husband and wife cannot reach an agreement on the issue of child support and property division, resulting in the inability to agree on the divorce, they can sue the court to request a judgment for divorce, and only need the plaintiff's ID card and marriage certificate. After the lawsuit is brought to the court, the defendant can not be found to announce the service of legal documents, regardless of whether the other party appears in court or not, it will not affect the trial judgment.

If there is evidence of any of the circumstances under article 32, paragraph 3 of the Marriage Act, the court shall grant a divorce.

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.

In addition, suing for divorce needs to pay attention to the following restrictions on divorce:

Article 33 of the Marriage Law The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault.

Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

As long as there is evidence to prove the circumstances of Article 32 of the Marriage Law, and there are no circumstances restricting divorce as provided for in Article 1 of the Marriage Law, the court will usually grant the divorce. If there is no evidence of the circumstances of Article 32 of the Marriage Act, a divorce will not normally be granted.

However, article 124 of the "Civil Procedure Law" provides that the people's courts shall handle the following lawsuits in separate circumstances: (7) In cases where a judgment does not allow a divorce and a divorce is reconciled through mediation, or where there are no new circumstances or new reasons for the judgment or mediation to maintain the adoption relationship, and the plaintiff files a lawsuit again within six months, it shall not be accepted.

As the saying goes, there is no such thing as an inseparable marriage. According to article 124 of the Civil Procedure Law, if the first lawsuit is filed and the court decides that the divorce is not granted or the plaintiff withdraws the lawsuit through mediation, the court will not accept the lawsuit within six months. However, after six months, you can sue for divorce again, and sue for divorce for the second time, and in practice, the court will usually grant a divorce.

Ask yourself if you are prepared for the most difficult things psychologically, financially, and in the most difficult situations. Because what you are going to face is going to change again, it is a life-changing behavior. It's hard, because I want to too.

But... I'm not ready. I knew that maybe a divorce would make my life better.

However, it really doesn't give me much time and life to gamble. I hope I'll talk about it when I have a better chance of winning. That is, I hope that I will do it when I am more sure.

I don't even want to ask you why you want a divorce. Because I probably know that all the grounds for divorce are superficial excuses. The real reason is disappointment and boredom.

No matter how long it takes for the husband and wife to be in discord, they can file for divorce in accordance with the law, and there is no time limit. However, if it is a situation where they have been separated for two years due to emotional discord, and the mediation by the people's court is invalid, the divorce shall be granted.

[Legal basis].

Article 1079 of the Civil Code of the People's Republic of China provides that if 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.

Matrimonial Law:

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.