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What if one party proposes a divorce and the other party objects?

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What if one party proposes a divorce and the other party objects?


        

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  • 2024-06-22 05:01:41

    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 conduct mediation
    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. Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation of a married person with another person. For example, if a married man lives together with other women, the woman appeals to the court for divorce, and the man still refuses to repent after mediation and education by the court (2) If he commits domestic violence or maltreats or abandons family members, such as the man beats the woman, or because the woman is disabled, the man abandons the woman (3) There are bad habits such as gambling and drug abuse that persist after repeated education (4) In case of separation due to incompatibility for more than two years, it shall be proved that the separation is due to incompatibility rather than other reasons, such as separation due to job transfer, so that the court will grant divorce (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. For the cases listed above, the court requires the litigant to provide relevant evidence, such as evidence of domestic violence, evidence of extramarital affairs, evidence of emotional discord and separation, etc., to prove the truth, and to show that there is no possibility of reconciliation between the two people through evidence. In practice, if one party does not agree to divorce, the court should first mediate. The first lawsuit usually does not decide on divorce, and only half a year later can the parties file a divorce lawsuit again. Generally, the possibility of the second divorce is greatly enhanced. However, the law also stipulates that some cases in which a man cannot sue for divorce, such as during pregnancy, within one year after childbirth, or within six months after termination of pregnancy, a man cannot ask for divorce. This is not the case if the woman applies for divorce, or if the people's court deems it necessary to accept the divorce request of the man.

    G***

    2024-06-22 05:01:41

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