A friend of mine wants a divorce and the other party refuses, so he wants to file a lawsuit

Updated on society 2024-06-02
14 answers
  1. Anonymous users2024-02-11

    Pay according to the local standard of living. See specifically the Marriage Law.

    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.

    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.

  2. Anonymous users2024-02-10

    1. For the maintenance of minor children, the court will determine the amount of child support according to the local economic situation, per capita consumption expenditure, and the income of both parties.

    2. Husband and wife generally do not support each other's child support, which is specifically for minor children.

  3. Anonymous users2024-02-09

    Calculated at the local per capita level, minor children are raised up to the age of 18.

    If there are special circumstances during this period, you can file a separate lawsuit to request a change in child support.

  4. Anonymous users2024-02-08

    Maintenance is paid at the rate of 20-30% of the other party's income until the age of 18.

  5. Anonymous users2024-02-07

    The lawyer can be contacted.

    Lawyer Wu Guanshou of Zongheng Legal Network.

  6. Anonymous users2024-02-06

    Legal analysis: one party can also divorce if he or she does not agree, and the divorce method adopts the form of litigation divorce and requires divorce, and the specific operation process is as follows: First, court mediation.

    When a people's court hears a divorce case, it shall first conduct mediation. Second, the court made a judgment. After mediation, the court found that the relationship between the husband and wife had indeed broken down and there was no possibility of reconciliation, and the court could make a judgment granting the parties a divorce.

    Legal basis: Article 107 of the Civil Code of the People's Republic of China Article 19 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 the People's Law and Reform Court has ruled that a divorce is not permitted, the parties have been separated for one year or more, and one party initiates divorce proceedings again, the divorce shall be granted.

  7. Anonymous users2024-02-05

    If you want a child, it will be awarded to you, and if you don't want a child, the court will look at whether the other party wants it, and if both parties don't want it, the court will solicit the opinions of both parties. If you can't contact the other party, the court will talk to you, and if you really want to divorce, the court will agree to the divorce! Everything else is just a matter of time!

  8. Anonymous users2024-02-04

    According to the "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China", in cases where the whereabouts of one of the married spouses in China are unknown, and the other party sues the people's court, only requesting a divorce and not applying for a declaration of the disappearance or death of a person whose whereabouts are unknown, the people's court shall accept it and serve the litigation documents with a public notice if the whereabouts are unknown.

  9. Anonymous users2024-02-03

    Divorced after having children... It hurts the child a lot. My parents are divorced, and they are not having a good time now, and I am even more difficult to find a partner because my parents are divorced.

    It is recommended not to leave, run in well, and change people is better than changing hearts. Really want to leave, don't cause harm to the child, and the two should communicate more. Don't speak ill of each other in front of your children, it will hurt a lot.

  10. Anonymous users2024-02-02

    Discretion and personal wishes

  11. Anonymous users2024-02-01

    No one can be contacted, and the court can't do anything about it.

  12. Anonymous users2024-01-31

    It is recommended to entrust a local lawyer to file a complaint and file a case in the court. Ideally, you can provide evidence of domestic violence, drug abuse, and separation.

  13. Anonymous users2024-01-30

    If you are in difficulty, go to your local legal aid center and ask for help.

  14. Anonymous users2024-01-29

    Hello, there are two ways to divorce: divorce by agreement or litigation. If the agreement fails, you can only sue for divorce. Divorce by mutual agreement is the most convenient and fast, but the premise is that both parties can reach an agreement on child support and property distribution, and both parties can go to the Civil Affairs Bureau with their household registration booklet, marriage certificate, and ID card.

    If the agreement fails, you need to sue for divorce, and the plaintiff needs to prepare your own ID card and copy, a copy of the other party's ID card or household registration certificate, the original and copy of the marriage certificate, the complaint, the child's birth certificate, property information and other relevant materials.

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