Unilateral Divorce Solving 5, Unilateral Divorce Solving

If you want to go to her side, then you can wait for her to sue the court for your divorce, because the court must file a lawsuit in the court where the defendant's household registration is located, or to the court where the defendant habitually resides.

In that case, she sues you for divorce, and then it's up to you.

As far as you add: China's law stipulates that marriage or divorce must be attended by both parties, and it is impossible to handle it without meeting.

I don't want to go to her house to go through the formalities, I want to be here with you or leave without meeting."

One way is to find a ** person or lawyer to go to the court to sue for divorce.

Benefits of hiring a lawyer:1The lawyer is familiar with the local court and can coordinate that you do not have to appear in court.

2.The other party can't see you when he arrives in court, only the lawyer is not good at firing fights, which is more conducive to divorce.

In addition, if the child is less than two years old, the child shall be sentenced to follow the mother according to the law, and the other party shall pay the corresponding share of child support.

After having children, it will have a great impact on the relationship between the husband and wife, you need to understand your wife, she needs to care and tolerate, if she is still young, it is even more needed, marriage and divorce are very important things in life, if the reason for the matter is not clear, just do it and decide, it is too rash.

Be quiet and take care of your little ones.

There's no way, it's going to go, maybe it's loneliness, be careful what you're doing in the field, calm down first and see what the other person thinks.

For the sake of the child, can you persuade her not to divorce.

After all, I have been married for more than half a year, and the time we have been together is not short, I really can't go on, I should be able to get along and leave, why can't I even see the last side?

Legal Analysis: Unilateral divorce can be litigated. According to the laws of our country, there are two ways of divorce, one is divorce by agreement, and the other is divorce by litigation.

If the two parties can reach an agreement on divorce matters, both parties can directly bring the relevant materials to the Civil Affairs Bureau to register the divorce. If it is not possible to reach an agreement on divorce matters, and one party requests a divorce, then he can only go to the court to sue for divorce. If the parties go to the court to sue for divorce, they need to prepare the complaint and relevant evidentiary materials, such as marriage certificate and ID card.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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.

There are no conditions for unilateral divorce, as long as you want to file for divorce. According to the relevant provisions of Article 1079 of the Civil Code: Article 32 If a man or a woman requests a divorce, the relevant departments 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. Article 1079 of the Civil Code [Divorce by Litigation] 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 a rotation of 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) Chongtong Hu marriage or cohabitation with another person; 2) Committing domestic violence or abusing or abandoning a family member; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (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 a divorce lawsuit, 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.

Sympathize with this

Hopefully, the following methods can help you.

According to Article 32 of the Marriage Law, one of the statutory grounds for divorce is "separation for two years due to emotional discord". This refers to the legal grounds for divorce filed by the husband and wife due to separation, and this statutory ground for divorce consists of two necessary elements, the absence of which does not constitute a legal ground for divorce.

The two necessary elements are: 1. Due to emotional discord; 2. Those who have been separated for two years.

There are two types of couples separating:

The first is caused by objective reasons, such as the husband and wife working in two cities respectively and there is no condition for cohabitation, and the situation of separation of the husband and wife is not due to emotional discord, even if the husband and wife have been separated for two years, it does not meet the legal grounds for filing for divorce due to "separation due to emotional discord".

The second is caused by subjective reasons, such as the foundation of the marriage is not solid, and the husband and wife have not cultivated their feelings after marriage and have been separated for two years, which meets the legal grounds for divorce due to emotional discord.

How to calculate the "two-year" period of "two years of separation due to emotional discord":

1. From the day after the last cohabitation jointly agreed by the husband and wife who filed for divorce to the day on which the divorce proceedings were filed (the petition was submitted to the people's court);

2. The time of separation shall be counted consecutively. If the separation is followed by cohabitation, the time of cohabitation and separation shall be recalculated from the time of cohabitation and separation, and the time of separation before and after shall be terminated, that is, the time of separation shall be counted consecutively, and the time of several separations before and after shall not be counted cumulatively.

In the case of divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department where either party is registered to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; It can be done on the same day.

In the case of a litigated divorce, one party may file a lawsuit unilaterally in the court where the defendant is domiciled, or in the court where the defendant is not registered but has resided for more than one year. If there is no major dispute, the summary procedure will be applied, which will generally be completed in about 3 months, and if the case is more complicated, it will be transferred to the ordinary procedure, which will be completed in about 6 months.

Article 32 of the Marriage Act stipulates that a divorce shall be granted if the relationship has indeed broken down and mediation fails.

If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation of a spouse with another person, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., resulting in the breakdown of the relationship between the husband and wife, if there is such evidence, the court will generally grant a divorce, if there is no such evidence, the court will not grant a divorce, and the prosecution can only file a lawsuit after 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.

1. The woman has the right to file for divorce, but it is still impossible to judge whether the man should give 8 million.

2. The property after marriage is divided equally.

If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the woman insists on a divorce, she can sue for divorce.

What is 8 million before divorce ......The legal standard for divorce is that the two parties are emotionally discordant or one party is seriously at fault, but the source is still emotional discord, and the condition you are talking about is at most only a request made by one party in an agreed divorce, and if you sue the court, you will not look at this at all.

As long as it is indeed a discord, the judge can grant a divorce after approval, of course, the division of property involves a wide range of things, and you should pay attention to collecting some evidence in your favor.

If the negotiation fails, you can sue for divorce, even if 8 million is what, you can't sue for divorce so much.

It's good to sue directly, you carefully calculate what benefits you have during the marriage, which ones are verifiable, which ones are not verifiable, and if there is 16 million, she wants to share 8 million, and you can't do anything, if it's not enough, you can give less, hehe.

It is best to consult a professional lawyer, which is personal property, which is joint property, she can only divide 1 2 joint property.

Specifically, whether you are a man or a woman, whether you have a job, whether you have children, if it is an agreed divorce, it is very simple.

The most direct and simple way is to file a divorce lawsuit with the court where the marriage was originally obtained and ask the court for a judgment. In this way, you can go to the local civil affairs bureau to issue a marriage certificate, and you must also have a copy of the other party's ID card.

After half a year of separation, evidence of separation for half a year can be sued if the court is provided with evidence of separation for half a year.

File a lawsuit with the local people's court