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Will the court divorce the third time

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Will the court divorce the third time


        

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  • 2024-06-05 16:00:47

    The court may not rule out divorce for the third time. The court's criterion for divorce is "whether the relationship between husband and wife has really broken down". For the third divorce lawsuit, the court will still review whether the relationship between the plaintiff and the defendant is broken according to the case evidence, court hearing, the Civil Code Marriage Code and relevant judicial interpretations. Only when the relationship between the plaintiff and the defendant is completely broken, the court will judge divorce, which has little to do with the first, second or third divorce lawsuit.
    If the party suing for divorce claims for divorce on the ground that the relationship between husband and wife has really broken, but fails to provide the court with relevant evidence to prove it, it shall bear the consequences of the court's refusal to divorce again.
    Therefore, when suing for divorce, we should prepare evidence to prove that the relationship between husband and wife really broke down. Only by making full preparations according to the specific circumstances of the case can we obtain the support of the court.

    [Legal Basis]

    In 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.

    On***

    2024-06-05 16:00:47

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