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How to carry out divorce proceedings after declaration of disappearance

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How to carry out divorce proceedings after declaration of disappearance


        

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  • 2024-06-25 14:01:01

    The divorce proceedings after the declaration of disappearance shall be conducted in the following ways:
    1. The declaration of disappearance refers to the civil legal system in which a citizen whose whereabouts are unknown for a certain period of time is declared missing by the court according to legal conditions and procedures upon the application of an interested person. The so-called "missing" refers to that citizens leave their final place of residence without hearing from them, and they don't know whether they are alive or dead.
    2. Article 20 of the General Principles of the Civil Law stipulates that if a citizen's whereabouts have been unknown for two years, an interested person may apply to the people's court to declare him missing. The fourth paragraph of Article 32 of the Marriage Law stipulates that "divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit." Therefore, the court generally grants divorce to the divorce lawsuit filed by the person who is declared missing.

    Guo***

    2024-06-25 14:01:01

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