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Can the court handle divorce procedures

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Can the court handle divorce procedures


        

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  • 2024-06-19 12:00:48

    The court cannot go through divorce procedures, but it can issue a divorce judgment. There are two ways to divorce:
    1、 Both parties agree to go through divorce procedures at the Civil Affairs Bureau after signing the divorce agreement;
    2、 If the two parties cannot reach an agreement through consultation, they can sue the court for divorce. If the court decides or mediates for divorce, the court's divorce judgment or mediation statement is equivalent to a divorce certificate, and there is no need to go to the Civil Affairs Bureau to handle divorce procedures.
    If one party files a divorce lawsuit in the court, it needs to file a lawsuit in the basic people's court where the defendant is located, and the court will make a judgment after adjustment or trial.
    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 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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