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How to sue for divorce

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How to sue for divorce


        

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  • 2024-06-25 23:00:57

    1、 The divorce proceedings in different places are as follows:
    1. Bring a lawsuit to the people's court of the defendant's domicile (usually the domicile). That is, the party requesting divorce applies for divorce to the people's court of the place where the party unwilling to divorce resides. If the defendant's place of residence is different from his/her habitual residence, he/she will file a lawsuit with the people's court of the place where he/she often resides.
    2. Bring a lawsuit to the people's court of the plaintiff's domicile (or habitual residence). According to the provisions of Article 23 of the Civil Procedure Law of the People's Republic of China, if one of the husband and wife is in another place, they can sue for divorce to the people's court where the plaintiff is domiciled: first, the person whose whereabouts are unknown or who has been declared missing; Second, people who have been reeducated through labor; The third is the prisoners.
    2、 Article 32 of the Marriage Law [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years 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.

    I***

    2024-06-25 23:00:57

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