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Wife can sue for divorce if she doesn't come back for several years

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Wife can sue for divorce if she doesn't come back for several years


        

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  • 2024-06-26 06:01:43

    Divorce is possible only after two years of separation. Besides, you don't want to leave. If you go to the court to sue, she may regret it. In real life, many people sue for divorce, and then they settle. Then you can withdraw the lawsuit. Plaintiff's prosecution stage
    1. Consulting or hiring lawyers, or inquiring about the law themselves;
    2. The plaintiff submits the indictment, copies and relevant evidence to the court;
    3. The court reviewed the documents and materials submitted by the plaintiff, made a decision on whether to file the case, and told the reasons for not accepting the case if it was not accepted. Defendant's defense stage
    1. The court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to make a written defense;
    2. The defendant shall make a written defense within 15 days from the date of receiving the copy of the indictment served by the court. Of course, the defendant may not make a defense. If the defendant needs to extend the defense period, he shall apply to the court [1]. The rights of the defendant and plaintiff can be seen in the notice served by the court. The hearing stage is mainly a hearing. The plaintiff of divorce proceedings should be present. If the defendant fails to arrive at the hearing, the hearing will be postponed once. During the hearing, both parties debated and expounded the evidence and facts submitted. In general, the court trial of divorce proceedings is divided into the following processes: court investigation → court debate → judge mediation → both parties summarize the court judgment or issue a mediation statement after successful mediation. Complete process of divorce proceedings
    1. There is a second instance: prosecution → acceptance → trial → mediation → judgment → appeal → second instance → judgment takes effect immediately
    2. No appeal: prosecution → acceptance → trial → mediation → judgment becomes effective upon expiration
    3. Mediate divorce: sue → accept → hear → mediate → reach a mediation agreement
    4. Withdrawal of the lawsuit: prosecution → acceptance → hearing → mediation → withdrawal of the lawsuit (withdrawal of the lawsuit can be at any stage before the judgment). The divorce lawsuit is initiated by one party. The general principle of case jurisdiction is "the plaintiff is the defendant", that is, in principle, it should be under the jurisdiction of the people's court where the defendant is located. If the defendant has left his domicile for more than one year, the people's court in the place where the plaintiff resides shall have jurisdiction; If both parties have left their places of residence for more than one year, the case shall be under the jurisdiction of the people's court at the defendant's habitual residence. If there is no habitual residence, the case shall be under the jurisdiction of the people's court at the plaintiff's place of residence at the time of prosecution; If both parties are soldiers, they shall generally be under the jurisdiction of the people's court in the place where the defendant is domiciled or where the organ at or above the regiment level of the defendant's unit is located; If both parties are imprisoned or reeducated through labor, they are generally under the jurisdiction of the people's court in the place where the defendant's original residence is located. If the defendant is imprisoned or reeducated through labor for more than one year, they are under the jurisdiction of the people's court in the place where the defendant is imprisoned or reeducated through labor. The above territorial jurisdiction is the general principle for the jurisdiction of divorce cases. Under special circumstances, according to the provisions of the Civil Procedure Law and relevant judicial interpretations, it can be under the jurisdiction of the people's court at the plaintiff's domicile or habitual residence; A divorce action brought against a person who does not reside in the territory of the People's Republic of China, a person whose whereabouts are unknown or who has been declared missing, or a person who has been reeducated through labor or imprisoned, shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile or his habitual residence.

    One***

    2024-06-26 06:01:43

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