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Can one party divorce


        

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  • 2024-06-26 06:01:43

    There are two ways of divorce. One is to go to the Civil Affairs Bureau to agree on divorce, and the other is to go to the court for divorce. Among them, going to the Civil Affairs Bureau to agree on divorce is only applicable to the situation where both parties have reached consensus on all matters and chose to divorce, and going to the court to sue for divorce is applicable to the situation where one party does not agree to divorce or property division, and the child rearing is controversial.
    If one party does not agree to divorce, the divorce shall be in the form of litigation divorce, and the specific operation process is as follows:
    1、 The law of our country stipulates that if one of the men and women requests divorce and the other party does not agree, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. When the people's court of our country hears the case that one party does not agree to divorce, it should first mediate;
    2、 The court decided that after mediation, the court found that the relationship between the husband and wife had really broken down, and there was no possibility of reconciliation, the court could make a judgment granting the divorce of the parties. If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Legal basis:
    Article 31 of the Marriage Law of the People's Republic of China
    [Voluntary divorce] Divorce is granted if both men and women divorce voluntarily. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 of the Marriage Law of the People's Republic of China
    [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years 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.

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