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Scary, scary is not in the divorce itself.
Divorce is not for profit but for stop loss, and the decision to divorce is not so easy to make, most of them are accumulated over the years and finally cannot afford to divorce, rarely on the spur of the moment. Originally, if I wanted to divorce, I would experience emotional pull and family prevention, but I finally broke through many obstacles to leave, so I calmed down for 30 days.
Do you think these 30 days are a self-reflection marriage between husband and wife? No! It is a large number of seven aunts and eight aunts who come to spy on the trivial things in your marriage in the name of being good for you, persuading you not to leave, and satisfying their gossip desires.
Parents and relatives and friends bombed indiscriminately for 30 days! How many people can handle it?
For the very small number of impulsive divorces and can remarry for 9 yuan, don't be impulsive, and let the vast majority of people who have finally made up their minds after years of pain suffer for 30 days, and it is very likely that the man will not be able to leave because he thinks of leaving no one to cook and wash and refuse. Really speechless! It's terrifying.
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The so-called cooling-off period for divorce is when the divorced parties go to the Civil Affairs Bureau to register their divorce, and they need to wait for 30 days, and within these 30 days, either party can revoke the divorce application.
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I don't think it's scary. Because marriage is inherently managed by both parties, if you can't think about it for a while and suddenly want to divorce, you may be able to save the marriage after a cooling-off period.
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Terrible, during this thirty-day cooling-off period, both people need to make life decisions after careful thinking.
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I think it's scary. I had already made up my mind to divorce, and I had to endure thirty days to get rid of it, which was terrible to think about.
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Terrible, marriage should be free.
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Disagree! The cooling-off period for divorce is very scary, and the purpose of the policy is to avoid impulsive divorce. However, there is no data to prove that impulse divorces are in the majority.
The cooling-off period for divorce is to punish a rational divorce with the behavior of an impulsive divorcee. Most people who divorce impulsively get married impulsively from the beginning, and it is better to set a cooling-off period for marriage than to set a cooling-off period for divorce.
Moreover, there will be many risks in the implementation of the divorce cooling-off period, the husband and wife who have entered the divorce cooling-off period have actually existed in name only, and at this time, do they still need to bear the responsibilities of the other half, for example, if one party is seriously ill or dies during the cooling-off period, does the other party still need to bear the relevant responsibilities and obligations as the other half? What should I do if one party transfers or sells the joint property of both parties during the cooling-off period? Can I be free to fall in love or even start a new life during the cooling-off period?
Divorce is not a mistake, divorce by agreement is a decision made by two adults and rational people, and society should establish and promote the concept that adults should be responsible for their own actions, without forcing calm and arranging counseling. It is also a waste of social resources to punish all divorced groups for the sake of a very small number of impulsive divorcers.
If you look at marriage as a product and the threshold for marriage is low, it is like product promotion, attracting more people to experience, and after the experience, you find that it is not suitable and want to uninstall, but you are told that there is a one-month cooling-off period, and you can only complete the uninstallation by using the product within a month, does it feel very funny and magical, but the reality is more ironic.
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Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Legal basis: Civil Code of the People's Republic of China
Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
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Legal Analysis: There is a cooling-off period for divorce by mutual agreement, which is 30 days. According to the relevant provisions of the Law of Zhaoliang, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both 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' intention to divorce voluntarily and their 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 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.
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Starting in 2021, the state has implemented a 30-day cooling-off period for couples who want to go through divorce procedures. During this month, the husband and wife can carefully consider the marital relationship between each other, and some couples divorce impulsively, so the setting of the divorce cooling-off period can reduce the divorce rate to a certain extent. How effective is the 30-day cooling-off period for divorce?
What are the pros and cons? I think there are the following main aspects. First of all, the implementation of the cooling-off period for divorce can indeed save some marriages that are impulsively divorced to a certain extent, but it also brings corresponding drawbacks.
Secondly, the divorce cooling-off period has extended the time for handling divorce, which was originally a business that can be completed in a short period of time, but since this year, the divorce procedures have become more complicated, and the husband and wife have to go through a 30-day divorce cooling-off period before they can go through the divorce registration procedures. Finally, the effect of the cooling-off period for divorce is not particularly large, and if it were not for the fact that the husband and wife were difficult to get along, they would not choose to divorce.
1. The establishment of a cooling-off period for divorce is a step backwards in history.
The implementation of a cooling-off period for divorce can indeed save some marriages that divorce impulsively to a certain extent, but it also brings corresponding drawbacks.
2. The cooling-off period for divorce extends the waiting time for couples who go through divorce procedures.
The cooling-off period for divorce extends the time it takes to complete a divorce, which can be completed in a short period of time, but starting this year, the divorce procedures have become more complicated, and the husband and wife have to go through a 30-day cooling-off period before they can go through the divorce registration procedures.
3. The cooling-off period for divorce does not have much effect on reducing the divorce rate.
The effect of the cooling-off period for divorce is actually not particularly large, and if it were not for the fact that the husband and wife were difficult to get along, they would not choose to divorce.
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The advantage is that the husband and wife can have a month of cooling-off time, if one of them does not want to divorce, they can keep each other within 30 days and get back together, the disadvantage is that if the relationship between the two people has indeed broken down, and they quarrel every time they meet, the one-month cooling-off period is the fuel of the volcano, but it cannot restore the relationship between the two.
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This "divorce cooling-off period" system is only applicable to the case of divorce by mutual agreement at the marriage registry office, and the "divorce cooling-off period" system is not mandatory for the court to hear divorce cases. Although some couples quarrel in a divorce lawsuit in court, and the judge will say: "Give you a two-month cooling-off period, and you will be calm and calm when you go back", this cooling-off period is based on the consent of both parties, and if either party does not agree, the court cannot set aside the case on the grounds of giving a cooling-off period.
Secondly, in the case of going to the marriage registry office to apply for a divorce by mutual agreement, it is not that the 30-day cooling-off period will be automatically divorced.
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The effect is very large. It can make people calm down and think about whether they are really divorced and stop the divorce rate, but some people may really be unable to live and they will want to divorce, and these 30 days have prevented their hope of divorce.
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The effect is still relatively large, and it has greatly reduced the divorce rate, and it has also made many people cherish the relationship between two people very much, but the disadvantage is that many people are still in the depths of divorce, and their family life is particularly unhappy.
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Personally, I feel that in addition to the betrayal of the divorce. There is no cooling-off period. Other reasons are fine.
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To be honest, I don't think there is a need for a cooling-off period for divorce, because people who really want a divorce don't change their minds because of a month. There may be some people who think that the two people may have been impulsive when they quarreled, so they will choose to divorce, and when they calm down and take the dust, they will feel that such behavior is wrong, but it is too late to regret it, so at this time, this 30 days is a key role.
But how can there be so many impulses in life? It's just because you really want to leave, you really want to separate, even if you don't go this time, there will be countless times next time, and sooner or later one day you will leave. So I don't think this period of dissipation is of any use to people who want to get a divorce, and if you don't want to leave, you can't really go to the Civil Affairs Bureau.
After all, there are so many things that you can't turn back when you set foot in this place.
For some people who really want to divorce and really can't live in marriage, these 30 days are really an ordeal, and if the other party regrets it, then he doesn't know what to do at all. We will also find examples of cases where the woman is retaliated against during the month of waiting after registering for the divorce cooling-off period. He originally wanted to divorce and give himself a new life, but because of this waiting period, she not only failed to return to being single, but also paid for her life.
So I think this time is completely unnecessary, because it is still the same sentence, the person who really wants to leave, he will leave no matter what. Marriage and love are never things that can be done casually, we must think clearly ourselves, if you can't think clearly, no matter how much time others give you, you will still be like this. You can't be too impulsive in life and work, you must think carefully before you can make a decision.
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I don't think it's necessary to do so; The 30-day cooling-off period for divorce is actually a period of relaxation for the feelings of both parties, during which both parties may not want to divorce after communication or negotiation, if the 30-day period is not bad for those who have made up their minds to divorce the hall.
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I think this cooling-off period is still very good, and it is good for some impulsive divorce people to go back and forth, and I think it is very necessary.
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This is a particularly good practice, for saving the feelings of many people, it will also make many people make the right choice after the cold finger is quiet, and it is necessary to greatly reduce the divorce rate.
Legal analysis: the "cooling-off period" system does not apply to all divorce situations, the occurrence of domestic violence, does lead to the breakdown of the relationship, if you go to the court for divorce, there is no so-called "cooling-off period" application problem. Divorce can be obtained by mutual agreement with the other party, or divorce proceedings can be filed with the court. >>>More
The cooling-off period for divorce refers to the cooling-off period in which both parties to a marriage apply for voluntary divorce under the principle of freedom of divorce, and within a certain period of time from the date of receipt of the application by the marriage registration authority, either party may withdraw the divorce application and terminate the registered divorce procedure. >>>More
From January 1, 2021, a new marriage law will be introduced. One of the "cooling-off periods" has aroused heated discussions among many netizens. In the future, all men and women who want to divorce will have a cooling-off period of 30 days. >>>More
I don't think divorce is terrible, just like a saying often said on the Internet, marriage is because of happiness, and divorce is also for happiness. There are too many reasons for divorce, in the final analysis, it is different from my own life philosophy, I didn't get what I wanted in my marriage, I annoyed to make my life heavier, and I want to divorce, probably because I want to be free. <> >>>More
Yes, after the divorce, you can love yourself, you don't have to be a nanny, you don't have to be so tired physically and mentally, can there be someone who loves you more than yourself?