Can a unilateral divorce be divorced, and can a unilateral divorce be filed

The law stipulates that if one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. In the end, whether the divorce can be obtained depends on whether the relationship between the husband and wife has broken down, and if the relationship does break down, the divorce will be granted.

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.

In the Civil Code, if a unilateral divorce is filed, certain conditions need to be met before the divorce can be obtained.

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.

In any of the following circumstances, if mediation fails, Peichun shall grant a divorce:

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 a divorce lawsuit with Binai, the divorce shall be granted.

Legal Analysis: One party can file for divorce. When one party does not agree to the divorce or although both parties agree to the divorce, they do not reach an agreement on the division of joint property and the maintenance of children, education, medical expenses, etc., the parties to the divorce proceedings may file for divorce unilaterally by filing a divorce complaint with the people's court.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

OK. In our country, there are two ways to get divorced.

First, both parties have reached an agreement through consultation, and both parties can bring their ID cards, household registration booklets, marriage certificates, and divorce agreements directly to the civil affairs department of one party's place of household registration to register the divorce.

Second, if the negotiation fails, the party who wants to divorce can only sue in court if he or she wants to divorce. After filing a lawsuit in the court, if the other party still refuses to divorce, whether the divorce can be decided depends on whether the court can confirm that the relationship between the two parties has broken down during the trial. Therefore, pay attention to provide evidence that both parties are not in a good relationship.

The above analysis is for reference and requires specific help, so it is recommended to bring materials to a lawyer for specific communication and analysis.

It is possible to file for divorce unilaterally, as long as it can be proved that the relationship between the parties has indeed broken down. However, it should be noted that the man is not allowed to file for divorce during the woman's pregnancy and breastfeeding, so the court will not accept it.