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In general, if one party does not agree to the divorce, the other party can still sue for divorce. Legally, everyone has the right to file a divorce lawsuit. However, the outcome of a divorce case can be affected by a variety of factors, including the evidence and statements of both parties, as well as the provisions of the law and the judge's judgment.
If one party does not agree to the divorce, the other party can still file a divorce lawsuit. In court, the party filing for divorce needs to provide evidence that justifies their lawsuit. This evidence may include relationship problems between husband and wife, domestic violence, financial problems, etc.
If the court finds the divorce reasonable, the court can grant the divorce even if the other party does not agree. However, the court will also take into account the opinion of the other party. If the other party believes that the divorce is unreasonable, the court may need to hear the evidence and statements of the other party....
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You are talking about the custody of children in divorce, about the children will generally be awarded by the court to the party who has financial means, can give the child a good living conditions, although the man took the child away during the appeal period, but if the child is awarded to you in the end, you can get the child back through legal channels.
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Are you thinking about your children? Is it that the man's conditions are not good, so you choose to divorce him, since the second instance has appealed, what is the use of your urgency, even if the child is awarded to the man, even if his family conditions are not good, no matter how bad it is to take his own children, the biological father is better than the stepfather, you are superfluous, although the man's conditions are not good, but it does not mean that the life is bad.
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In the case of divorce, the ownership of the children does not mean that the economic conditions are the only determining condition, and the court will comprehensively study and judge.
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Legal Analysis: Yes. Whether a divorce can be decided, the court mainly examines whether the relationship between the husband and wife has indeed broken down, and if the other party has evidence to prove that the relationship has indeed broken down, the court can grant a divorce.
1. First apply to the court for divorce proceedings, collect relevant information, and file the case with the court. 2. Defense stage. (1) Within five days from the date on which the people's court decides to file the case, a copy of the plaintiff's complaint shall be served on the defendant and the defendant shall be informed 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. Court trial stage.
It includes the following procedures: a court investigation; court arguments; Judges preside over mediation; The mediation is invalid, the judgment is rendered, and the divorce proceedings are concluded.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 130: When people's courts send personnel to conduct investigations, they shall present their identification to the person being investigated. After the investigation record is reviewed by the person being investigated, it is to be signed or sealed by the person being investigated or the investigator.
Article 131:When necessary, people's courts may entrust a people's court in a foreign region to investigate. To commission an investigation, it is necessary to put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation.
After the entrusted people's court receives the power of attorney, it shall complete the investigation within 30 days. and where it cannot be completed for any reason, a written notice shall be made to the entrusting people's court within the time period described above.
Article 132:Where parties who must jointly conduct litigation do not participate in the litigation, the people's court shall notify them to participate in the litigation.
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If the summons is served by mail, then you do not receive it, and the law also considers it to have been received, and if you do not go, the court will hear it in absentia.
Hello. It should be filed, but the court will mediate, and if it fails, it can only be sued separately! This is in order to protect the litigation rights and interests of the parties, China implements the second-instance final trial system, if the second-instance judgment is made, then there is no "second-instance trial", if it is raised in the first instance, those who are dissatisfied will be appealed, and the second-instance trial will not be able to appeal, that is, the final trial!