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The divorce process of Fang's disappearance

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The divorce process of Fang's disappearance


        

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  • 2024-06-26 11:01:41

    The declaration of disappearance is one of the reasons for divorce
    1、 The declaration of disappearance is not a pre procedure for divorce proceedings. Therefore, if one party is missing or missing, the other party can still directly file a divorce lawsuit. If one spouse's whereabouts are unknown, the other party brings a lawsuit to the court. No matter how long the missing person has left, the court shall accept the case and hear it in accordance with ordinary procedures. Legal documents shall be served by public notice. A divorce action involving personal relations brought against an unknown person shall be under the jurisdiction of the court of the plaintiff's domicile. If the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the court of his habitual residence.
    2、 Trial period The court has a 60 day public notice period for the service of the indictment, the notice of proof and the date of the hearing. After the judgment, the court needs a 60 day public notice period for the service of the judgment. For cases that adopt the method of service by announcement, the duration of litigation has been greatly extended. For general divorce cases that apply the summary procedure, the case will be closed within three months, and for those that apply the ordinary trial procedure, the case will also be closed within six months. For divorce cases where the defendant is missing or missing, plus the calculation of the announcement period, it will take at least six months to close the case.
    3、 As a result of the judgment, if one party is missing or missing, the other party will sue for divorce in the court. After the court announcement is served, if the defendant is still not found, the judgment will be made by default. However, the judgment result does not necessarily require divorce. The people's court also needs to review whether the relationship between husband and wife is broken. The plaintiff should also submit evidence of the broken relationship between husband and wife to the court. If the whereabouts of one party (the defendant) is unknown or missing for two years, the people's court will make a divorce judgment; For those whose whereabouts are unknown or missing for less than two years, and there is no other evidence to prove that the relationship between husband and wife has broken down, the people's court will rule against divorce.
    4、 The Disposal of the Common Property of Husband and Wife in the Divorce Proclamation Case
    1. Only divorce matters will be heard, and the joint property of husband and wife will not be reviewed nor judged.
    2. Make a clear judgment on the property, and award the part enjoyed by the missing party to the party claiming divorce as child support.
    3. Only a simple review of the property is carried out, which is mainly based on the statement of the plaintiff, without specific verification or division. For more relevant knowledge, please consult Guandu Lawyer.

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