My husband and I don t have a good relationship and want a divorce, but he doesn t want to negotiate

He does not negotiate, and you can only divorce through litigation.

In the case of divorce through litigation, an identity card, marriage certificate, and complaint are required, and a lawsuit may be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, a lawsuit for divorce may be filed in the court where the plaintiff is located. The first instance is generally 3 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Yes. If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. If one of the parties to a divorce fails to perform its due obligations in accordance with the divorce agreement, the other party may file a civil lawsuit with the people's court, which is a divorce lawsuit.

If one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on the maintenance of the children or the division of property, the only way to divorce is through court proceedings. Article 32 of the Marriage Law stipulates that "if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court." 1. The initiation of a divorce lawsuit must be a party to the marriage relationship, and no other third party may file a divorce lawsuit as a party to the litigation; 2. The party initiating the divorce lawsuit must have a legal husband and wife relationship with the defendant, that is, both parties must be legal spouses, and other relationships cannot file a lawsuit for divorce; 3. The party initiating a divorce lawsuit must have full capacity for civil conduct, and a person who does not have full capacity for civil conduct cannot file for divorce; 4. The party initiating the divorce lawsuit must submit to the people's court a copy of the divorce complaint and a copy thereof, which must contain clear claims, facts, reasons, division of property, child upbringing, and relevant evidence; 5. List of joint property of husband and wife (including real estate, **, bonds, etc.); 6. The plaintiff shall submit a marriage certificate or a certificate of conjugal relationship that can prove the legal relationship between the plaintiff and the defendant; 7. The plaintiff shall submit a petition for divorce to the people's court with jurisdiction.

If the original defendant himself is unable to appear in court or believes that it is necessary to hire a person to participate in the litigation on his behalf, he may entrust a litigant to participate in the litigation in accordance with the law, but the original defendant must be a subject that meets the above requirements, and no one may **. Two special provisions for divorce proceedings. Article 33 of the Marriage Law provides:

The spouse of an active military member who wishes for a divorce must obtain the consent of the military member, unless there is a material error on the part of the military member. According to the relevant regulations, servicemen on active duty must obtain the approval of a political organ at or above the regimental level and issue a certificate to file a divorce. Article 34 of the Marriage Law provides:

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

Maybe he's afraid of losing you and really cares about you, so you can consider it.

Legal analysis: If the husband does not agree to the divorce, the woman can sue for divorce at the court where the husband and wife are registered or where they often live in the court on the grounds that the relationship between the husband and wife has broken down. If the court finds that the relationship between the parties has indeed broken down and there is no possibility of repair, the court will generally grant a divorce.

If it is considered that the relationship between the parties has not broken down, the divorce will not normally be granted.

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 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 the people's court has ruled that a divorce is not allowed, and the parties have been separated for one year, and one party again initiates a divorce lawsuit, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1. In the case of divorce by mutual agreement, after negotiation between the two parties, the divorce agreement, marriage certificate, ID card, and household registration book of both parties shall go through the divorce formalities at the marriage registration authority where one party has permanent residence, and the marriage registration authority shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are indeed voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot, a divorce certificate shall be issued, and the life of the husband and wife will come to an end!

2. If one party does not agree to the divorce or regrets not performing after signing the divorce agreement, the other party may file for divorce. Generally, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year. The first instance is generally 36 months, and the second instance is generally 3 months.

If the court does not leave the first judgment, it can be re-sued after six months, and the court of the second lawsuit generally determines that the relationship is irretrievably broken before suing for the second time, and in practice, the second lawsuit for divorce will generally result in a judgment to dissolve the marriage relationship, and the two will be strangers from then on! As for who will raise the child, it depends on which party is more conducive to the child's growth, and the court will comprehensively consider the child's current living status, the work income of both parties and other factors when determining the custody right, and generally the child under the age of two will be raised by the woman, and the child's opinion will be heard over the age of 10. One party raises the child, and the other party pays child support, which is generally 2030 of the monthly income; As for property, it is generally divided in this way by one person, and the party at fault divides it less or nothing; The innocent party may also claim compensation from the at-fault party, including compensation for mental damages.

For children over the age of two years, both the father and the mother request to live with the child, and one of the following circumstances may be given priority: 1) has undergone sterilization or has lost the ability to bear children due to other reasons; 2) The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; 3) There are no other children, and the other party has other children; 4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

Legal Analysis: Yes. Where the court makes a judgment not granting or granting a divorce, and the original defendant does not file an appeal within 15 days of the date on which the judgment is served, the first-instance judgment takes legal effect. The original defendant may not appeal a legally effective judgment.

Article 164 of the Civil Procedure Law of the People's Republic of China provides that if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment on rent assignment.

First of all, since the parties have not reached an agreement on the issue of divorce, it is obviously not suitable to divorce by agreement.

Secondly, the male party in this case wants to divorce, but the act of not filing a lawsuit is within the scope of his free choice, and no one has the right to compel him to sue.

Thirdly, if the female party in the case does not want to divorce, then take this opportunity to take care of the family relationship. If the woman wants to divorce, then she can also unilaterally sue for divorce in court, and the court will judge whether to support the divorce of both parties based on the reasons for her lawsuit. The only basis and reason for the court to rule that the parties are divorced is that the relationship between the two parties has broken down and they are indeed unable to live together.

According to paragraph 2 of Article 32 of the Marriage Law (Amendment), "the people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. ”

If you want a divorce, you can sue for a divorce, but if you don't want to, just wait.

Organize housework, warm home, hot rice and hot soup, reconcile as before, and discuss the future together.

You can sue yourself, even if you try in absentia, you can still grant a divorce.