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What to do if the man wants to divorce

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What to do if the man wants to divorce


        

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  • 2024-05-23 10:00:43

    There are two ways of divorce. The first is divorce by agreement, and the second is divorce by litigation. If the two parties agree to divorce by agreement, they can go to the Civil Affairs Bureau of either party's registered permanent residence for divorce registration with their marriage certificate, household register, ID card, child birth certificate, divorce agreement and photos. If you just want to divorce, and the other party does not agree to divorce, you can only sue for divorce, which takes a long time and has complex procedures. Therefore, if the man does not agree to divorce, the woman can directly sue for divorce in the court.

    [Legal Basis]

    In Article 32 of the Marriage Law, if one of the husband and wife requests divorce, the relevant organization department 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 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.

    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. (The Marriage Law will expire on December 31, 2020)

    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. (The effective date of the Civil Code is January 1, 2021)

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