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It is the right of either spouse to file for divorce, but from the perspective of protecting the legitimate rights and interests of women and protecting military marriages, the Marriage Law imposes the following restrictions on filing for divorce.
1. Circumstances in which the husband may not file for divorce:
1. The woman is pregnant;
2. Within one year after the delivery of the woman;
3. Within six months after the woman's termination of pregnancy.
This restriction does not apply if the woman files for divorce in the aforementioned circumstances, or if the people's court finds it truly necessary to accept the husband's request for divorce. "Genuinely necessary" situations, such as when the man believes that the child is not his own. For the specific "it is truly necessary to accept the husband's request for divorce", please refer to trial practice, and the specific trial is based on the specific circumstances of the parties.
2. The people's court shall not accept the divorce under the following circumstances, regardless of which party initiates the divorce:
1. Mediation and reconciliation, there is no new situation or new reason, and the lawsuit is filed within six months;
2. The plaintiff voluntarily withdraws the lawsuit, and there are no new circumstances or new reasons, and the plaintiff files a lawsuit again within six months;
3. In a divorce case that is handled as withdrawn, there are no new circumstances or new reasons, and the lawsuit is filed again within six months.
4. At the same time, as ordinary citizens, the divorce of servicemen on active duty is subject to the same restrictions as above, but due to its special nature, the law makes another restriction, that is, the spouse of an active-duty serviceman must obtain the consent of the serviceman when he or she requests a divorce, unless one of the servicemen is seriously at fault.
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Communicate carefully to see if you can understand each other, if the other party is too much, you can only go through the legal process.
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Legal Analysis] Whether to remarry after divorce is decided by both parties through voluntary negotiation. After divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they must go to the marriage registration office to register their remarriage. Whether to remarry now depends on what the reason for the divorce was in the first place, usually divorced in these cases, if you still want to remarry, it must be completely okay.
The first is that the husband and wife have not violated the principle of error, because the relationship cannot be tarnished in any way. If one of the spouses betrays their feelings, it can cause permanent damage to the other spouse. Even if one of the parties temporarily chooses to forgive for the sake of family stability, it is difficult to completely disappear the psychological shadow caused.
It's like a thorn in the heart, and you can feel the unbearable pain at any time.
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' expression of intent to divorce voluntarily and the 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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I think there are two situations in divorce, one is that the husband and wife dislike each other, or because of emotional discord, or because of poor living conditions, the other party likes the new and hates the old, so the divorce.
There is also a situation where one of the spouses is playing with his temper, which leads to misunderstanding between the other party, so he divorces.
If the divorce is due to the second circumstance, after the divorce, choosing to get back together is the best outcome. Of course, if you don't have children, since the marriage has been divorced, there is no grass at the end of the world, and then choosing the right partner is also the best choice.
If it's because of the first case, then since the marriage has already been divorced, don't choose to remarry with hunger, remarriage will only add blockage to the other party's heart, and the days will be long in the future, and you will be angry every day if you don't get it right. Even if it is for the sake of the children, they can't remarry, you know, if they were all for the children, they wouldn't choose to divorce.
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OK. After divorce, if both the man and the woman voluntarily resume their relationship as husband and wife, they shall register their remarriage with the marriage registration office. After a divorce, a man and a woman can remarry at any time, without time limit.
However, remarriage is not just a matter of two people living together, and it is also necessary to go through marriage procedures just like marriage. The procedure for registration of a remarriage is the same as for the registration of a marriage.
When registering a remarriage, the parties first need to prepare a household registration certificate, a resident ID card or military identity certificate, a certificate of marital status issued by their unit, village (neighborhood) committee or political organ at or above the military regiment level, and a divorce certificate in case of divorce;
Then, both parties need to apply for remarriage registration in person at the marriage registration authority where their household registration is located; After the marriage registration authority has passed the examination of the supporting materials and applications provided by the parties, it shall handle it in accordance with the marriage registration procedures.
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After the divorce, both parties regret it, they can go through the remarriage procedures, that is, if only one party regrets it and the other party does not agree, they cannot remarry. The procedure for remarriage is the same as the procedure for marriage, and the application is made to the marriage registration office.
In married life, clutch and clutch are very normal things. Divorce is also very likely in remarriage. Some are out of consideration for children. Some of them got to know each other again.
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