The woman has been missing for 5 years, what procedures are needed for divorce procedures, do you ne

Non-litigation cannot be resolved.

It's cheap if there are no property disputes; If there is a division of property, a pro-rata fee must be paid.

You can really go to death You are disgusted with men Your own woman has been missing for five years and now you want to report it.

If the woman is missing and sues for divorce, she must first report the missing person case to the public security organ. Where a citizen's whereabouts have been unknown for two years, they may apply to the basic level people's court for the location of the household registration of the person whose whereabouts are unknown to be declared a missing person. After the people's court accepts the case, it issues a public notice to search for the person whose whereabouts are unknown.

At the expiration of the notice period, if the fact of the declaration of disappearance is confirmed, a judgment is rendered for the declaration of disappearance. Where one party is declared missing and the other party initiates a divorce lawsuit, the people's court shall make a judgment granting the divorce.

[Legal basis].Article 1079 of the Civil Code of the People's Republic of China.

Where one of the husband and wife requests a divorce, the relevant organization may adjust the basis 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 a divorce lawsuit, the divorce picnic shall be granted.

The woman disappeared and sued for divorce procedure:

1. The man first applies to the court for the woman's disappearance;

2. The court will issue an announcement, and after the expiration of the notice period, if the other party has not appeared, the court will announce his disappearance;

3. The man sues the court, and the court decides a divorce.

[Legal basis].

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

Where one of the spouses requests a divorce, the relevant organizations 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.

OK. If one of the spouses is missing, the other spouse may file a lawsuit with the court where the plaintiff is domiciled, regardless of the length of time that the person is missing, the court shall accept it and conduct the trial in accordance with the ordinary procedures; If the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the court of the habitual residence shall have jurisdiction. Legal documents are served by public notice.

This type of case will take a relatively long time to close, and in general, it will take at least six months to add the notice period.

After the court notice is served, if the defendant is not found, a default judgment is required. However, the result of the judgment does not necessarily require a divorce, the people's court must also examine whether the relationship between the husband and wife has broken down, and the plaintiff should also submit evidence of the breakdown of the relationship between the husband and wife to the court. If one of the parties (the defendant) is missing or has been missing for two years, the people's court will grant a divorce; If the whereabouts are unknown or the missing person has been missing for less than two years, and there is no other evidence to prove that the relationship between the husband and wife has broken down, the people's court will rule that the divorce will not be allowed.

There is no automatic divorce in Chinese law, and if the husband and wife have been separated for two years, it will be recognized as one of the signs of the breakdown of the relationship between the husband and wife, and the breakdown of the relationship between the husband and wife is the main criterion for the court to decide the divorce. Therefore, if the wife runs away from home and her whereabouts are unknown, you can sue for divorce with the local court with relevant evidence.

Marriage can only be dissolved by way of divorce registration or by court decision or mediation. Disappearance does not constitute a divorce, and Chinese law provides that if the defendant is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia. However, since divorce disputes involve the personal and property relations of the parties and have a strong social nature, default judgments are generally not applicable to avoid the deprivation of one party's right to sue and the infringement of personal and property rights and interests.

Therefore, if you want to divorce in the case of a party's disappearance, you can first sue the court, and the court will take the public notice procedure to complete the notification obligation to his wife, and once the 60-day notice period expires, even if the defendant does not appear in court, the court can make a judgment in absentia. According to the relevant provisions of China's Civil Code, divorce shall be granted if the separation has been completed for two years due to emotional discord and the mediation by the court is invalid.

Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law stipulates that the people's court at the place where the plaintiff is domiciled shall have jurisdiction over a case in which one spouse has been absent from the place of domicile for more than one year and the other party sues for divorce.

In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.

Summary. Hello, glad to answer for you. The woman is missing and divorced, and the man may file for divorce after reporting the disappearance to the Public Security Bureau.

According to the provisions of the law, if it has been two years since the communication relationship with the family has been severed from the date of filing the lawsuit, the people's court may make a judgment for divorce upon verification of the facts. Where one party's whereabouts have been unknown for two years, and the other party files for divorce, and the whereabouts are found through public announcement, it is a situation where mediation is invalid and the court shall grant the divorce.

Hello, glad to answer for you. The woman is missing and divorced, and the man can sue for divorce after reporting the missing register to the Public Talks Pure Security Bureau. In accordance with the provisions of the law:

If it is calculated from the date of filing the lawsuit that it has been two years since the severance of communication with the family, the people's court may make a judgment for divorce upon verification by the people's court. Where one party's whereabouts have been unknown for two years, and the other party files for divorce, and the whereabouts are found through public announcement, it is a situation where mediation is invalid and the court shall grant the divorce.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the spouses requests a divorce, a divorce lawsuit may be filed in a civil court. Where a people's court accepts a divorce case, it shall mediate in advance, and if the relationship has truly broken down and the mediation is invalid, the divorce shall be granted.

Hello. The woman is a foreigner, how to do it.

In this case, you can go directly to your local court to sue for divorce<><

How long has the woman been missing<>

Directly in the Tianjin Municipal Court.

Yes<>

The woman has been missing for about 7 years.

That's okay<>

October 16 with a child.

Then you can directly prepare the materials and file a lawsuit in the Tianjin Municipal Court<><

The child was brought by the woman.

I can't find it now, <>

If necessary, I can provide you with the materials to sue for divorce <><

The divorce procedure for the disappearance of the woman generally includes:

1. The man first applies to the court to determine that the woman is a missing person;

2. The court will issue an announcement, and after the expiration of the notice, if the other party has not yet appeared, the court will announce his disappearance;

3. The man sues the court, and the court decides a divorce.

Article 1079, Paragraph 4 of the Civil Code, where one of the parties is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.