If the husband is not at home, how can he go through the divorce procedures?

In this case, it is still possible to go through the divorce procedures, but it must be determined whether the man is no longer living in this family, or the man is no longer able to find the man at all. This is fundamentally different, if the man no longer lives in this family, but can find the man at this time can file for divorce by agreement and divorce by litigation. You can also find a lawyer, through witnesses and other evidence to prove that two people have been separated for more than two years, which is very favorable evidence when filing for divorce, and you can even go through the divorce procedures immediately.

If the man is in a different place and can find the man, then even if the man is not at home, he can get a divorce by agreement with the man by a lawyer or through communication, and it is okay to go to the man's place to divorce with this agreement, which is the so-called divorce procedures in a different place。This is also supported in law, as long as it is proved that it is in the plaintiff's habitual residence, then the divorce proceedings can also be validated.

One of the more troublesome ways is to find your current husband and don't know if her husband is **, so how to divorce at this time? Or opt for a litigated divorce? Because the law clearly stipulates that even if the defendant does not appear in court at the time of divorce, then the court can also conduct a trial in absentia, but there are certain conditions for trial in absentia.

The first condition is that the court has sent the summons to the defendant. In other words, if the defendant has received the news of the divorce and the defendant is still not in court, then the court can initiate the procedure of trial in absentia. There is also the case of the defendant's automatic absence without any justification, including whether the defendant is unwell or due to it.

Other reasons make it impossible to appear in court normally.

In addition to the above two reasons, the defendant. There is no reason to refuse to appear in court. So how long does it take to sue for divorce to complete this matter?

In general, the time limit should be about three months, but the maximum statute of limitations for divorce is six months. If the first instance judgment does not achieve the purpose of divorce, then the time limit for the second instance is three months. In other words, when the other party is in a foreign country, the maximum trial time is 9 months and the minimum is 3 months.

However, according to the latest Civil Code, whether it is a divorce by agreement or a divorce by litigation, there is a one-month cooling-off period, plus this month's cooling-off period should be at least 4 months and at most 10 months. Of course, the above time point does not include foreign-related marriages, or the situation where the other party finds many reasons to delay. Therefore, there is no problem at all that divorce can be carried out even if one of the partners in the marriage is not in the country.

The man is not at home alone can not go through the divorce procedures, only go to the court to sue for divorce, but after the lawsuit, the court still has to notify the man to be present to go through the divorce procedures. Because divorce is not possible unilaterally, even if they have been separated for many years, the man must be present to go through the divorce procedures.

In such a situation, I think you can go directly to the court to file a lawsuit and divorce through litigation, or you can wait for the man to go through the divorce procedures after returning home.

If the husband is not at home, he can go through the divorce formalities by way of litigation divorce, and send the divorce proceedings to the husband's location through the court. Can this be divorced in the absence of the man?

Sue for divorce, but since you have entered the palace of marriage, you must be considerate of each other, and don't say divorce easily.

If the husband is not at home, he can apply for a divorce through the local court.

The process of obtaining a divorce by the court is as follows:

1. Go to the people's court to file a lawsuit application with the court;

2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing tribunal will issue a notice of case filing;

3. After the case filing division of the court accepts the case, it will transfer the case to the civil division for trial;

4. After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit;

5. After both parties arrive in court, the court will conduct mediation, and if the mediation fails, the trial will be conducted;

6. The court makes a judgment to grant or disapprove the divorce through the ** trial. The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce.

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 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. 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 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.

As we all know, there are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. If, after consultation with the husband, the man can return home and the parties can agree on divorce, custody of the children, the amount of alimony and the division of property, then the parties can go to the civil affairs bureau where one of the parties is domiciled to go through the divorce formalities. If the husband is missing, it is inconvenient to go home for divorce procedures, or the parties cannot reach an agreement on divorce, child custody, alimony and division of property, then the parties cannot divorce by agreement, but can only divorce through court proceedings.

Divorce. In the case of divorce, the woman needs to sue the court with the complaint, a copy of the ID card, the marriage certificate, the child's birth certificate, evidence of the child's child support, and property evidence.

After the court files the case, the man will be contacted. If the court is able to contact the man, the court will first organize mediation, at which stage, if the parties can agree on divorce, child custody, alimony and division of property, then the court will issue a mediation letter. The mediation letter is equivalent to a divorce certificate, and both parties do not need to go to the Civil Affairs Bureau to obtain the divorce certificate.

Divorce. If the mediation is unsuccessful or the court is unable to contact the husband, the mediation process is concluded and the case is transferred to trial.

Divorce. After entering the trial procedure, the court will serve the indictment, evidentiary materials and summons in accordance with the law. If it cannot be served by mail, lien service, etc., the court will make a public announcement, and when the notice expires, it will be deemed that the man has received the indictment, evidence materials and ** summons, and the court will also organize the trial according to the established time.

If the husband attends the trial, the court will determine whether the relationship between the parties has indeed broken down, and if so, issue a judgment to divorce the parties and deal with the custody, maintenance and property issues of the children. If the relationship has not broken down, a judgment is issued to dismiss the woman's claim, and the woman needs to file a divorce lawsuit six months after the judgment takes effect.

You can sue for divorce and find a lawyer to mail a letter to the other party's lawyer before you can go through the divorce procedures.

Be sure to contact the man and ask him to come back quickly, because the divorce can only be signed by the man.

You can file for divorce so that the court can grant you a divorce.

If you have been separated for more than two years, you can unilaterally go to the court to sue for divorce, because you don't want to be with him now, and you have separated, and the man can sue for divorce unilaterally if he is not at home.