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How can the woman divorce because of domestic violence and the man disagree

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How can the woman divorce because of domestic violence and the man disagree


        

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  • 2024-06-09 20:00:48

    If the woman asks for divorce because of domestic violence, the man can sue for divorce if he does not agree. The party who wants to divorce takes the marriage certificate, ID card, household registration book, petition and copy to the court of the defendant's domicile or habitual residence to file a divorce lawsuit. Domestic violence against one party or maltreatment or abandonment of family members; If mediation fails, the court shall grant divorce.
    Legal basis:
    Article 1079 of the Civil Code of the People's Republic of China
    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.

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