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How to divorce debts when one party is missing

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How to divorce debts when one party is missing


        

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  • 2024-06-22 18:00:02

    In real life, some couples have feelings of disharmony. When one party disappears, the other party does not know how to deal with their marriage problems. They want to divorce but do not know how to divorce. According to the laws and regulations of our country, if one of the spouses is missing, the other party can generally take the following two ways to solve the divorce:
    1、 Directly file a divorce lawsuit with the people's court.
    The law stipulates: "If one spouse's whereabouts are unknown, the other party files a lawsuit to the people's court, only asking for divorce, and does not apply for declaring the missing person missing or dead, the people's court shall accept the case, and serve litigation documents on the missing person by public announcement." The court will serve litigation documents on the defendant by public announcement. Whether the defendant sees it or not, it will be deemed as service, If the defendant does not appear in court or respond to the lawsuit within the time limit specified by the court, the court may hear the case by default and make a judgment by default.
    2、 After applying for the disappearance of the missing person, he or she shall file a divorce lawsuit with the court.
    One of the legal reasons for the court to grant divorce is that one of the spouses is declared missing and the other party files a divorce lawsuit. An application for disappearance shall be submitted to the basic people's court in the place where the missing person resides. The application shall state the fact, time and request of disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organs that the missing citizen is missing.
    Paragraph 3 of Article 32 of the Marriage Law of the People's Republic of China stipulates that divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
    Article 12 of Several Specific Opinions of the Supreme People's Court on How the People's Court Confirms that the Couple's Feelings Have Really Broken in the Trial of Divorce Cases
    If one party's whereabouts have been unknown for two years and the other party has filed a lawsuit for divorce, the divorce shall be granted if it is confirmed by public announcement that there is no whereabouts.

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