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How to Deal with the Disappearance of the Divorced Couple

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How to Deal with the Disappearance of the Divorced Couple


        

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  • 2024-06-26 09:01:41

    According to the laws and regulations of our country, if one of the spouses is missing, the other party can generally take the following two ways to solve the divorce:
    1、 Directly file a divorce lawsuit with the people's court. Article 151 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that "if one spouse's whereabouts are unknown, the other party brings a lawsuit to the people's court, only asking for divorce and not applying for declaring the missing or dead of the missing person, the people's court shall accept the case and serve litigation documents on the missing person by public announcement." Article 84 clearly states: "If the whereabouts of the addressee is unknown, or the service cannot be made by other means specified in this section, the service shall be made by public announcement. It shall be deemed as service 60 days after the date of the public announcement." The court will serve litigation documents on the defendant by public announcement, whether the defendant sees it or not, it shall be deemed as service. The defendant will not appear in court within the time specified by the court If he does not respond to the lawsuit, the court may hear and make a judgment by default.
    2、 You can apply for the declaration of disappearance or death of the missing person to dissolve the marriage relationship. Article 20 of China's General Principles of Civil Law stipulates that "if a citizen's whereabouts are unknown for two years, an interested person may apply to the people's court to declare him as missing. If a citizen's whereabouts are unknown during the war, the time of missing shall be counted from the end of the war." After the people's court accepts the case of missing persons, it shall issue a public notice to search for the missing persons, which lasts for three months, If no news is heard at the expiration of the public announcement period, the people's court will make a judgment declaring the person missing. After one of the spouses is declared missing, the other party will file a divorce lawsuit with the people's court. According to Article 32 of the Marriage Law, "if one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted." According to Article 23 of the General Principles of the Civil Law of China, the whereabouts of citizens have been unknown for four years or because of an accident, At the end of two years from the date of the accident, the interested person may apply to the people's court for declaring the missing person dead. After accepting a case of declaration of death, the people's court shall issue a public notice to search for the missing person. The public notice period for declaration of death is one year. If the missing person is unknown due to an accident and the relevant organ proves that it is impossible for the citizen to survive, the public notice period for declaration of death is three months. At the end of the public announcement period, the people's court makes a judgment declaring death. If one of the husband or wife is declared dead, the marriage relationship shall be automatically dissolved from the date of declaration of death. If the other party cannot be found, the purpose of divorce can be achieved through the above two ways, but the legal consequences of property distribution are different. If divorce is decided by default, the court will divide the joint property of husband and wife according to the provisions of the Marriage Law, and the most common is to distribute the joint property of husband and wife equally; The legal consequence of the declaration of disappearance is that the property of the missing person is placed in the custody of another person according to law. The legal consequences of the declaration of death are equal to the death in fact, so the property of the person who is declared dead will be inherited by the legal heir as an inheritance according to law.

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