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1. The woman files for divorce, and if the man also agrees to the divorce, both parties will negotiate the custody of the child and the joint property of the husband and wife, and then bring the ID card.
Marriage certificate, household register.
Go to the local civil marriage registration office to register the divorce and get the divorce certificate.
2. If the woman files for divorce, if the man does not agree to the divorce, the woman can only sue for divorce in court. At this time, the man can collect evidence that the relationship between the husband and wife has not broken down, such as the evidence of the wife's life in the near future, such as the wife's recent good and caring for the man, and express to the court that he does not agree to the divorce, so that the court will generally not grant the divorce. Then, the man makes an active effort to improve his own shortcomings and save the marriage.
Otherwise, the woman can file a divorce lawsuit again after half a year.
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It depends on whether you want to continue or not, if you want to, it's good to get back, if you don't want to, then agree to divorce!
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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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Whether the man or the woman files for divorce, both parties can do so by agreement or litigation. There are two types of divorce according to the laws of our country: one party files for divorce, and if the other party agrees, then both parties can negotiate the divorce; If the other party does not agree to the divorce, then the party who wants the divorce can request a divorce by filing a lawsuit with the people's court.
In the case of divorce by agreement, the marriage registration authority shall approve the divorce and issue a divorce certificate if it meets the requirements after examination; If the parties divorce through litigation, the people's court will make a judgment on the divorce of both parties after review by the people's court and the legal conditions are met.
Legal basis: Article 1079 of the Civil Code: If 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 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.
Article 1080: Marriage shall be dissolved when the registration of divorce is completed, or the divorce judgment or mediation document takes effect.
Article 10 of the Marriage Registration Regulations: Where a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce.
Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.
Article 11: Mainland residents who have registered for divorce shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
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Women file for divorce sometimes because they are very unbalanced and feel that you are not good to him, so they are angry. If you file for divorce, you have to find out your reasons and try not to divorce.
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If the woman files for divorce, if she wants to divorce, both parties can agree to divorce and go through divorce procedures, and if she is unwilling to divorce, she can negotiate with the other party to try to save the marriage.
China's law stipulates two ways of divorce, one is to go to the Civil Affairs Bureau for divorce by agreement, and the other is to go to the court for divorce by litigation, of which the divorce by agreement to the Civil Affairs Bureau is only applicable to the situation where the husband and wife have voluntarily divorced and have reached an agreement on property division and child support. On the other hand, divorce is suitable for cases where one party does not agree to the divorce or has disputes over the division of property and child support.
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At present, he is the editor-in-chief of some large literary networks and the editor-in-chief of literary network associations. I've seen your question and am collating the answer. The human is typing, and you will be replied to within five minutes!
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1.If the woman files for divorce, if the man is unwilling to divorce, he should negotiate with the woman to see if it can be recovered. 2.
If the man agrees to the divorce, he should negotiate with the woman to deal with the property, children, creditor's rights and debts, and go to the Civil Affairs Bureau to go through the divorce procedures after reaching an agreement; If it is not possible to reach a consensus on divorce through negotiation, a lawsuit may be filed with the court.
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At present, there are only two legal ways to divorce: Querang.
1. For divorce by agreement, both parties shall obtain the divorce certificate from the Civil Affairs Bureau after reaching an agreement.
2. In the case of divorce by litigation, one party can directly file a divorce lawsuit with the court of the defendant's place of household registration and habitual residence. If the divorce by mutual agreement fails, a lawsuit for divorce may be filed with the people's court, and the court will generally grant the divorce if it is found that the relationship between the two parties has indeed broken down and there is no possibility of repair.
I'll give the gift money back to the man!
Who will return my lost youth? >>>More
Brother, my advice is three:
1. Talk to your wife and mother-in-law calmly to see if it works, tell them your ideas, and ask for their solutions; >>>More
If a man wants to file for divorce, the best way for a woman to save her marriage is to cook for a man, and if you grab a man's stomach, you can capture a man's heart, in addition to this method, a woman can dress up a little more beautifully, and then have her own career.
They are particularly sensitive and suspicious, and they are more thoughtful. A woman who has a child hopes that the other party will be good to the child, and people who are particularly hurt will become extremely negative and ......Actually, not only women, but also men. The more you understand and understand, the heart will be wider.
Divorce at the age of 50 is generally really want to divorce, there is no concern about educating children, the contradictions between husband and wife naturally do not need to be hidden, many unpleasantness and discomfort have been exposed, it can be said that the divorce caused at this time is caused by a long-term depressed marriage, in the absence of concerns, it is also said that it is her best choice for women.