What to do if the wife of the husband and wife files for divorce, and what to do if the wife of the

Updated on society 2024-07-27
7 answers
  1. Anonymous users2024-02-13

    The wife of the husband and wife can file for divorce by filing a divorce lawsuit with the court. The law provides that the parties may divorce by agreement, and if the agreement fails, the party requesting the divorce may file a divorce lawsuit with the court. If one party has bigamy or cohabitation with another person, commits domestic violence or abuses family members, gambles or abuses family members, gambles or takes drugs, or has been separated for two years due to emotional discord, the divorce shall be granted if the mediation by the court fails.

    If the parties are not satisfied with the judgment, they may appeal to the court at the next higher level and proceed to the second-instance litigation procedure.

    [Legal basis].

    Civil Code of the People's Republic of China Article 1079 Where 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.

  2. Anonymous users2024-02-12

    As long as there is no pregnancy, both men and women are the same for divorce, if Gu agrees, go directly to the Civil Affairs Bureau to register for divorce, if one party does not agree, you can go to the court to sue for divorce, but the appeal must meet the conditions for divorce, if not, the divorce will not be granted.

  3. Anonymous users2024-02-11

    First of all, we must know why the woman filed for divorce, if it is a factual situation that can be changed, then make changes and let the marriage continue, if it is irreversible insistence on divorce, there is no way to change it, then you can only choose divorce.

  4. Anonymous users2024-02-10

    If you do not agree, the woman will also go to the local judicial authority to file a divorce lawsuit, and the court will first come forward to mediate, if the mediation is ineffective, the court will make a fair judgment according to your actual situation.

  5. Anonymous users2024-02-09

    For couples, if the woman wants to divorce, it means that he has lost any hope for your marriage. That's why he's going to divorce you. In this case, you can choose to negotiate with him. Let's see if there is room for redemption in the marriage.

  6. Anonymous users2024-02-08

    Legal analysis: The key to the woman's initiative to file or sue for divorce depends on whether the relationship between the husband and wife has broken down. If the relationship between the husband and wife breaks down, the court will sentence the divorce to the side.

    Which party files for divorce first has no effect on the outcome of the judgment, and the legal status of the plaintiff and the defendant is the same. Don't think it's dishonorable to be a defendant. If you do not agree to the divorce, the judge will generally not grant you a divorce in the first divorce.

    Article 1079 of the Civil Code of the People's Republic of China Where 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.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation of a person with a spouse;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Those who have bad habits such as gambling and drug abuse that they do not change;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

  7. Anonymous users2024-02-07

    At present, there are only two legal divorce methods: 1. Divorce by agreement, and the divorce certificate is obtained from the Civil Affairs Bureau after both parties reach a consensus;

    2. In the case of divorce by litigation, one party may directly file a divorce lawsuit with the court at the place where the defendant's household registration and habitual residence are located.

    Therefore, if the divorce by agreement fails, you can file a lawsuit for divorce with the people's court, and the court will generally grant the divorce if it finds that the relationship between the two parties has indeed broken down and there is no possibility of repair.

    At present, there are only two legal divorce methods: 1. Divorce by agreement, and the divorce certificate is obtained from the Civil Affairs Bureau after both parties reach a consensus;

    2. In the case of divorce by litigation, one party may directly file a divorce lawsuit with the court at the place where the defendant's household registration and habitual residence are located.

    Therefore, if the divorce by agreement fails, you can file a lawsuit for divorce with the people's court, and the court will generally grant the divorce if it finds that the relationship between the two parties has indeed broken down and there is no possibility of repair.

    At present, there are only two legal divorce methods: 1. Divorce by agreement, and the divorce certificate is obtained from the Civil Affairs Bureau after both parties reach a consensus;

    2. In the case of divorce by litigation, one party may directly file a divorce lawsuit with the court at the place where the defendant's household registration and habitual residence are located.

    Therefore, if the divorce by agreement fails, you can file a lawsuit for divorce with the people's court, and the court will generally grant a divorce if it is found that the relationship between the two parties has indeed broken down and there is no possibility of repair.

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