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First of all, if the parties do not want to divorce, they should find a way to save their marriage, rather than passively waiting. However, while protecting citizens have the right to freedom of divorce. That is, if the other party wants to divorce, they can file for divorce at any time.
Then, if the parties do not want to divorce, they can refuse the parties' request for divorce.
Secondly, after the parties reject the other party's request for divorce, the other party can take the form of litigation for divorce. Then, as long as the parties provide evidence that the relationship between the parties has not broken down, then the court will not grant a divorce to the parties, because the only basis for the court to rule that the relationship between the parties has indeed broken down and cannot live together. According to Article 32 of the Marriage Law, 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.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.
At the same time, according to paragraph 2 of Article 32 of the Marriage Law (Amendment), "the people's court shall conduct mediation when hearing divorce cases; If the relationship has indeed broken down and mediation fails, the divorce should be granted. This provision shows that after a man and a woman file for divorce, whether or not to grant a divorce does not depend on whether the other party agrees to the divorce, but on the basis of whether the relationship between the husband and wife has indeed broken down and whether the mediation has been invalid.
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If you don't love it, leave it! Twisted melons are not sweet.
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1. What should I do if my wife runs away without divorce.
1. If the wife runs away without a divorce, the man can file for divorce. Because you can't find your missing wife, you can't get a divorce by agreement. Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, and it is found through a public announcement that there is no whereabouts, the divorce may be granted.
2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations 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. What is the process of suing for divorce.
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, and if they are unable to appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce or not;
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.
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Summary. There are two ways to do it, one is to sue the court for divorce now, and if the defendant is absent, the court can suspend the trial or make a default judgment. The second is still to sue the court for divorce, that is, to file an application for declaration of disappearance with the court two years after the other party has disappeared, and to file a divorce lawsuit after the court declares the person missing, in which case the divorce is generally granted for the first time.
In terms of property division, it is half of the joint property of the husband and wife.
There are two ways to do it, one is to sue the court for divorce now, and if the defendant is absent, the court can suspend the trial or default judgment. The second is still to sue the court for divorce, that is, to file an application for declaration of disappearance with the court two years after the other party has disappeared, and to file a divorce lawsuit after the court declares the person missing, in which case the divorce is generally granted for the first time. In terms of property division, it is half of the joint property of the husband and wife.
If the wife runs away and is not divorced, she can divorce by litigation, and the process of suing for divorce is as follows: 1. Draft a complaint; 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 or not; 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, and if they are unable to appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce or not; 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.
The materials to be prepared for litigation divorce are as follows: 1. A civil complaint requesting the dissolution of marriage with the defendant; 2. The original marriage certificate and three copies of Zheng Yu's copy; 3. The original and photocopy of the ID card of the plaintiff and the defendant; 4. The original and photocopy of the child's birth certificate; 5. Evidentiary materials proving that the relationship between the husband and wife has indeed broken down and meets the necessary conditions for divorce stipulated by relevant laws and regulations; 6. Other evidentiary materials.
I married a woman who wasn't divorced, lived together for eight years and ran away, what should I do?
The wife you took was not divorced before.
Then you don't belong to marry.
Can only belong to the cohabitation relationship legally.
She has been with me for eight years and then ran away, what should I do?
How long has it been running.
Ran on the 7th of this month.
It's why run.
Contradiction or gratuitous.
I just don't want to follow me, I'm seventeen years older than her.
That's it. Then you have children, no?
No, can I sue her for bigamy? What should I do?
I can't sue you. What you are not married at the legal level is that the other party is married, and then you live with the other party, which is bigamy.
I asked if I could sue her, and how I could sue her.
OK. Sue the court to sue the other party.
Prosecute the other party for bigamy.
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