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How can the man divorce if he doesn't agree

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How can the man divorce if he doesn't agree


        

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  • 2024-06-05 21:00:03

    If the man does not agree to divorce, the woman may bring a lawsuit for divorce to the court. When hearing divorce cases, the court shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    In the first divorce lawsuit, the other party does not agree. If there is no legal situation where the relationship between husband and wife has really broken down, the court will not generally decide on divorce.

    In judicial practice, in divorce proceedings without legal divorce, the other party firmly disagrees with the divorce, which is an important reason for the judge not to judge the divorce. In the court, the other party often said that the relationship between the husband and wife was still alive and hoped to continue to live a good life. In this case, the judge usually gave the defendant a chance to cherish the relationship between the husband and wife, maintain the relationship between the husband and wife, and reject the lawsuit.

    However, it cannot be solidified that the first lawsuit is not likely to result in divorce. With sufficient evidence in the first lawsuit, a divorce case can prove that both parties have reached the level of "really broken feelings", and the court will also decide for divorce.

    [Legal Basis]

    In 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 hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    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.

    Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

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