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If one party doesn't agree with the divorce, will the court decide on divorce

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If one party doesn't agree with the divorce, will the court decide on divorce


        

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  • 2024-06-19 19:01:44

    Generally, if one party of the couple requests divorce and the other party does not agree to divorce, if there is no abuse, abandonment, serious domestic violence, cohabitation or bigamy between one party and others, the general court will not make a decision on divorce. General beatings, abuse, adultery, and even prostitution may not be able to dissolve the relationship between husband and wife in the first divorce proceedings. At this time, it is not significant to appeal, and the court of second instance basically maintains the judgment of the court of first instance. In practice, if one party does not agree to divorce, the court will first mediate. The first lawsuit usually does not decide on divorce. Only half a year later can the parties file a divorce lawsuit again. Generally, the possibility of the second divorce is greatly enhanced.

    Relevant laws and regulations:

    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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