Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to apply for divorce unilaterally

home page

How to apply for divorce unilaterally


        

Submit answer
Favorable reply
  • 2024-06-22 08:00:03

    Divorce refers to the activity of dissolution of marital relationship according to the procedures stipulated by the law of the couple's license. Divorce can be divided into litigation divorce and agreement divorce. If one party of the husband and wife asks for divorce, and the other party does not agree to divorce, or both parties cannot reach an agreement on the division of divorce property and child support, divorce shall be conducted through litigation.
    The court ruled that the condition for divorce was that the relationship between husband and wife had broken down. According to the provisions of the Marriage Law, the situation that the relationship between husband and wife has really broken down mainly includes:
    1. Bigamy or cohabitation with others
    2. Committing domestic violence or abusing or abandoning family members
    3. Gambling, drug taking and other bad habits persist 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.
    Litigation divorce is divided into three stages: prosecution, trial and judgment.
    (1) Prosecution: When a divorce case is prosecuted, the prosecutor shall submit a petition and a copy to the people's court.
    (2) Trial, which is divided into three stages: preparation before trial, mediation and trial
    According to the court trial, mediation should be carried out again. If mediation fails, a judgment should be pronounced. If a judgment is pronounced in court, the written judgment shall be delivered within ten days and the judgment shall be issued immediately after it 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.
    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 a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and the mediation is ineffective, divorce shall be granted.
    Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation with others
    (2) Committing domestic violence or abusing or abandoning family members
    (3) Gambling, drug taking and other bad habits persist 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.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):