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Can I only sue for divorce in another place

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Can I only sue for divorce in another place


        

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  • 2024-06-24 00:01:43

    In other places, only divorce proceedings can be filed. Whether you can divorce or want to divorce depends on the specific situation of both men and women. It depends on which kind of divorce method you choose and whether you can divorce. There are two options for divorce. One is that both parties agree to divorce and go to the Civil Affairs Bureau to handle the relevant divorce procedures. In this case, both men and women agree to divorce; Another way is to go to the court to file a lawsuit for divorce, which is applicable to one party who does not agree to divorce. The standard for the court to judge divorce is that the relationship between husband and wife has really broken, and the relationship between husband and wife has really broken is determined according to the situation between men and women, mainly to determine whether there is domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, emotional discord and separation for more than two years, physical defects or diseases that are difficult to cure between the two parties, The court will judge according to the situation of both parties. If there is no case between men and women that is regarded as the breakdown of their relationship in the divorce proceedings mentioned above, the court will not judge the divorce of both men and women for the first time. The court will only judge the divorce of both men and women when they need the second lawsuit of both men and women. The time of the second lawsuit of divorce is six months after the first judgment comes into effect. Of course, both men and women can divorce at any time during this period.
    2、 Divorce by agreement and divorce by litigation
    1. Divorce by agreement is a form of dissolution of the husband and wife relationship. It refers to a form of divorce in which the husband and wife voluntarily divorce, reach an agreement on other issues (mainly property issues and child rearing issues), and can dissolve the husband and wife relationship with the approval of the relevant departments. In the theory of marriage law, the legal procedure of divorce by agreement is also called registered divorce, which means that the divorce application of both parties must be reviewed and registered by the marriage registration authority according to law. In China's Marriage Law, divorce by agreement is defined as voluntary divorce. Article 31 of the Marriage Law stipulates: "Divorce is allowed if both men and women divorce voluntarily. Both parties must apply to the marriage registration authority for divorce. The marriage registration authority will issue a divorce certificate when it is ascertained that both parties are willing to divorce and that children and property issues have been properly handled." At present, China's divorce by agreement is regulated by the Marriage Registration Regulations, and both men and women divorce by agreement, It should be handled at the marriage registration authority, which is an administrative registration management procedure. It should be noted that in reality, some divorced couples have the misunderstanding that as long as both parties sign the divorce agreement, the marriage relationship will be automatically dissolved. This view is wrong. The divorce agreement of both parties will not take legal effect until the marriage registration authority has reviewed and registered it. This administrative procedure is indispensable.
    2. Litigation divorce is also called judicial divorce in theory, which refers to the divorce request made by one or both of the husband and wife, and the court decides whether to grant the divorce by way of judgment. In practice, it mainly shows that if one of the husband and wife asks for divorce and the other party does not agree, or both parties agree to divorce but cannot reach an agreement on property division and child rearing, one party first brings a lawsuit to the people's court for trial.

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