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If the woman initiates a divorce and the husband does not agree, the woman may request the people's court to grant a divorce. If, after the trial, the people's court finds that the relationship between the husband and wife has completely broken down, the people's court will also make a judgment for divorce even if the husband does not agree to the divorce after the mediation is ineffective, and if the relationship between the husband and wife is not completely broken, the people's court shall make a judgment not to allow the divorce.
Laws. 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Summary. Hello dear dear, I am happy to answer for you, dealing with the woman filing for divorce and the man does not agree: 1. First of all, you can go to the court to sue and divorce through litigation, if the negotiation fails or either party is unwilling to negotiate, the party who insists on divorce can sue the court of residence with the complaint, marriage certificate, ID card, household registration or birth medical certificate of minor children, and other evidence that can prove that it belongs to the joint property of the husband and wife, vehicle registration certificate, etc., and ask the court to judge the divorce.
The court will conduct a court investigation and comprehensive analysis of the marital foundation, postmarital relationship, reasons for divorce, the current situation of the relationship between the husband and wife, and whether there is a possibility of reconciliation. Determine whether the relationship between the husband and wife has truly broken down, and make a judgment in accordance with law on the basis of the relevant facts ascertained.
Hello dear kiss, I am happy to answer for you, dealing with the woman filing for divorce and the man does not agree: 1. First of all, you can go to the court to file a lawsuit, divorce through litigation, if the negotiation fails or either party is unwilling to negotiate, the party who insists on divorce can sue the court of residence with the complaint, marriage certificate, ID card, household registration or birth medical certificate of minor children, and other evidence that can be attacked next to the stool to prove that the real estate certificate and vehicle registration certificate belong to the joint property of the husband and wife, and ask the court to judge the divorce. The court will conduct a court investigation and make a comprehensive analysis of the marital foundation, post-marital relationship, reasons for divorce, the current situation of the coarse relationship between the husband and wife, and whether there is a possibility of reconciliation. Determine whether the relationship between the husband and wife has truly broken down, and make a judgment in accordance with law on the basis of the relevant facts ascertained.
However, it should be noted that if it is the first time to sue for divorce, and the other party insists on not leaving, under normal circumstances, the Fasen Ran Court will not allow the divorce; The purpose is to leave another opportunity for both parties, hoping to improve the relationship between husband and wife through the efforts and communication of both parties, especially the party who does not agree to the divorce; so that the marriage can be sustained. If one party still insists on the divorce after the six-month period after the court decides that the divorce is not allowed, he can sue again, and the court will basically grant the divorce.
Extended content: In addition, if there is one of the following circumstances where mediation fails, divorce shall be granted, first of all, bigamy or cohabitation of a spouse with another person, then domestic violence or abuse, abandonment of family members, and gambling, drug abuse and other vices that have been repeatedly taught, and then there are cases of separation for two years due to emotional discord, and finally other circumstances that lead to the breakdown of the couple's sense of leniency, and the divorce shall be granted if the mediation is ineffective in the above circumstances. It is also important to know that the spouse of an active military member may not file for divorce or if the woman is pregnant, within one year of childbirth or six months after the termination of pregnancy.
However, if the woman explicitly files for divorce or the people's court deems it necessary to accept the husband's request for divorce, Shen Zhuhong is not included in this provision.
The woman files for divorce and the man does not agree to this situation, I think it is best to solve it through litigation, after all, if you do not agree, you can only do it through a lawsuit.
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The woman sues for divorce for the first time, and the man does not agree, and the court will rule that the court will not leave the divorce for the first time, and the fastest way is to withdraw the lawsuit immediately after the lawsuit, and re-sue after six months.
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