My husband s whereabouts have been unknown for nearly a year, how can I get a divorce?

If you really want to get a divorce, go to the local civil affairs bureau to apply for divorce, and when the couple separates for three years, the marriage will automatically lapse

It is possible to apply to the court for a declaration of disappearance and then sue for divorce. One of the legal grounds for a divorce is granted by the court when one of the spouses is declared missing and the other spouse files a divorce lawsuit. Article 190 of the Civil Procedure Law: Where a citizen's whereabouts have been unknown for two years, and an interested party applies for a declaration of his or her disappearance, the prudent person shall submit it to the basic level people's court for the place where the whereabouts of the person whose whereabouts are unknown.

The application shall include a written statement of the facts, time, and request for the disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the citizen's whereabouts are unknown.

Article 1079 of the Civil Code: Where one of the husband and wife requests a divorce, the 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 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.

If the whereabouts have been unknown for two years, they can first apply to the court for a declaration of disappearance. After the court declared him missing, he sued for divorce.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. It is also possible to sue for divorce only. In this case, the competent court is the basic level people's court at the place of the plaintiff's household registration or habitual residence.

Evidence of unaccounted whereabouts is required for prosecution. For example, the report of the disappearance, the testimony of the defendant's family, the certificate of the unit or neighborhood (village) committee, etc. The court will serve it by public notice and hear it in absentia.

In addition, the summary procedure shall not be applied, and the ordinary procedure may only be used. In this case, it is advisable to claim in the claim that the share of the joint property of the spouse whose whereabouts are unknown be used to offset the child's maintenance.

Legal basis: Article 151 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China Where one of the spouses is missing, and the other party sues the people's court, and only requests a divorce, but does not apply 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 on the person whose whereabouts are unknown.

Article 92 of the Civil Procedure Law of the People's Republic of China: Where the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served. When the public is returned to the court, the reason and process shall be noted in the case file.

If one of the spouses runs away from home and his whereabouts are unknown, the other spouse may file a lawsuit for divorce with the court. The ways or means of divorce are:

1. Sue directly to the court for divorce. If one of the parties is missing, and the other party sues the court for divorce, and the court finds that the whereabouts of the parties are unknown after filing a case for review, and the people's court publishes the relevant legal documents for service by way of public announcement, and at the expiration of the public notice, the person to be served has not yet appeared in court to respond to the lawsuit, the people's court will conduct a trial in accordance with the procedure of absentia and make a judgment based on the facts ascertained in the trial.

2. After applying for the disappearance of an unknown person, then sue the court for divorce. One of the legal grounds for a divorce is granted by the court when one of the spouses is declared missing and the other spouse files a divorce lawsuit. An application for disappearance shall be submitted to the People's Court of the Foundation Oak and the Blind Floor where the person is unknown, and the application shall clearly state the facts, time, and request for the disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the citizen's whereabouts are unknown.

1. How should one party file for divorce if his whereabouts are unknown.

If the whereabouts of one of the spouses are unknown, the other spouse shall provide the following evidence when filing a lawsuit for divorce with the court: (1) provide a certificate issued by the public security organ, village committee and other relevant institutions; (2) If the defendant's whereabouts have been unknown for two years, the other party may also file an application with the court for a declaration of disappearance. According to the provisions of the Civil Code of the People's Republic of China, if one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2. What should I do if the party suing for divorce is missing?

Standard Judgment for Suing a Divorced Party for Disappearance:

1. If the whereabouts of the other party have been unknown for two years, they may apply to the court for a declaration of disappearance, and then file a divorce lawsuit with the court, and the court will decide the divorce;

2. Where the defendant's whereabouts have been unknown for two years, they may directly sue for divorce without applying for a declaration of disappearance; The court shall serve the person whose whereabouts are unknown on the litigation documents through a public announcement. Upon the expiration of the notice period, the divorce judgment is absent;

3. If one party's whereabouts are unknown for less than two years, and the other party directly sues for divorce, the court will accept it, but the absentee judgment will be carefully considered when the judgment is absent;

4. Where the other party only refuses to appear in court, and is summoned twice by summons, and refuses to appear in court without a legitimate reason, the court may custodial the summons.

Civil Code of the People's Republic of China

Article 51: The marital relationship of a person who has been declared dead shall be terminated from the date on which the death is declared. Where the declaration of death is revoked, the marital relationship shall be restored on its own on the date on which the declaration of death is revoked. However, this does not apply to the spouse who remarries or declares in writing to the marriage registration authority that he is unwilling to reinstate.

Article 51: The marital relationship of a person who has been declared dead shall be terminated from the date on which the death is declared. If the declaration of death is revoked, the marriage relationship between Liang and Kong shall be restored on its own from the date on which the declaration of death is revoked. However, this is not the case where the spouse remarries or the chain declares in writing to the marriage registration authority that it is unwilling to reinstate.

Legal analysis: The husband's whereabouts are unknown can be divorced. If the other spouse or wife requests a divorce, he or she may directly file a divorce lawsuit with the people's court or, after a certain period of time, apply to the court for a declaration of disappearance or death.

In such a case, the court may handle the case by way of public notice and trial in absentia, or declare the other party missing or dead in accordance with the procedures prescribed by law, and the purpose of divorce can be finally achieved.

Legal basis: Article 217 of the "Supreme People's Court Interpretation on Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China" Where the whereabouts of one of the spouses are unknown, and the other party files a lawsuit with the people's court, and only requests a divorce, and does not apply for a declaration of the disappearance or death of an unknown person, the people's court shall accept it and announce the service of litigation documents on the person whose whereabouts are unknown.