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I'm divorced now, and the other party has been dragging on how to deal with it

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I'm divorced now, and the other party has been dragging on how to deal with it


        

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  • 2024-06-06 14:00:03

    The other party, who has refused to divorce all the time, can file a lawsuit for divorce to the court, as long as it can provide the court with evidence proving that the relationship between husband and wife has broken down. When one party brings a divorce lawsuit to the court, the court shall first mediate. After the court hearing the case, if it is determined that the relationship between the husband and wife has broken and the mediation is invalid, it shall make a judgment to approve the divorce.

    According to the law of our country, if one of the husband and wife requests divorce, the relevant organization can mediate or directly file a divorce lawsuit with the people's court.

    When trying a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and mediation is ineffective, divorce shall be granted.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    The divorce proceedings are as follows:

    1. The stage of the court's divorce proceedings

    The prosecution of a divorce case refers to a request made by one party to the people's court to dissolve the marriage relationship with the other party according to law. When a divorce case is brought, the complainant shall submit a petition and a copy to the people's court. The people's court decided to accept the case, and the divorce proceedings began immediately.

    2. The trial stage of the court's divorce proceedings

    Trial refers to the sum of all the investigation work done by the people's court after receiving the lawsuit, starting the litigation procedure and making the judgment. According to the provisions of China's Civil Procedure Law, the trial can be divided into three stages: preparation before trial, mediation, and court hearing:

    (1) Preparation before trial. After receiving it, the people's court shall, upon examination, file a case within 7 days if it meets the conditions for filing, and serve a copy of the statement of action on the defendant within 5 days after filing, and the defendant shall file a defense within 15 days after receiving the copy of the statement of action; Judges review litigation materials, conduct investigation and research, and collect evidence; The people's court shall replace the party who does not meet the conditions for prosecution or response, and notify the party who meets the conditions to participate in the litigation; Conduct litigation preservation or advance payment according to the litigation request of the parties.

    (2) Mediation. After accepting a divorce case, the people's court should first mediate the parties so that they can eliminate their differences and understand each other, so as to reach an agreement on divorce or reconciliation. If a reconciliation agreement is reached, the people's court will record the agreement and keep it on file, and generally will not issue a mediation statement; If a divorce agreement is reached, the people's court shall prepare a mediation statement, which shall be signed by the judges and the court clerk and sealed by the people's court. The mediation statement has the same legal effect as the judgment.

    (3) Hearing. If the people's court fails to mediate, the case shall be heard immediately. The parties and other participants in the proceedings shall be notified of the date of the hearing three days in advance. Before the hearing, the clerk shall ascertain whether the parties and other litigation participants are present in court and announce court discipline. The judge checks the parties, announces the cause of action, and announces whether the judge has withdrawn; After that, the court investigation shall be started to ask the parties and their statements; Inform the parties of their rights and obligations, question witnesses, and read out the testimony of witnesses who have not appeared in court; Ask the appraiser and read out the appraisal conclusion; Present documentary evidence, physical evidence and audio-visual materials; Read out the records of the inquest. Then, the court debate began. The plaintiff and his agent ad litem spoke, and the defendant and his agent ad litem spoke. Both sides argued with each other.

    3. The judgment stage of the court's divorce proceedings

    According to the court trial, mediation should be carried out again. If mediation fails, a judgment should be pronounced. All judgments of the people's court shall be made in public. If a judgment is pronounced in court, the written judgment shall be served within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced.

    The first instance procedure of divorce case is over. If the parties are not satisfied with the judgment, they can appeal to the court at the next higher level for the second instance proceedings.

    [Legal Basis]

    Article 1079 of the Civil Code: If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

    When trying a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and mediation is ineffective, divorce shall be granted.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

    I***

    2024-06-06 14:00:03

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