How to divorce unilaterally, how to divorce unilaterally

Legal Analysis: Unilateral divorce is usually litigation divorce. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court on the legal grounds of divorce, and the people's court rules whether the marital relationship is maintained.

Apply to the people's court. Under normal circumstances, both parties go to the case filing hall, and the case filing hall will review the case and file the case if it meets the conditions for case filing. If the husband and wife do not live in the same place, the woman should go to the husband's place to file a lawsuit according to the principle of "the plaintiff is the defendant".

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.

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; (2) Committing domestic violence or abusing or abandoning family members; (3) Having bad habits such as gambling and drug abuse; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the 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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

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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.

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