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How to handle divorce proceedings


        

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  • 2024-06-16 20:00:00

    Procedures required for divorce proceedings:

    1. File an application for litigation and submit a complaint;

    2. Provide divorce agreement, marriage certificate, ID card and other documents;

    3. After the filing hall has examined that the case meets the conditions for filing, the filing court will issue a notice of filing;

    4. Pay legal fees with the filing notice. According to the provisions of the first, second, third and fourth paragraphs of 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.

    Legal basis

    Article 1079 of the Civil Code of the People's Republic of China [Litigation Divorce] If one of the husband and wife requests divorce, relevant organizations 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.

    A***

    2024-06-16 20:00:00

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