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What are the steps of unilateral divorce

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What are the steps of unilateral divorce


        

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  • 2024-05-26 08:00:51

    The procedure of suing for divorce unilaterally includes: the parties submit petition and evidence; The court decides whether to accept it or not; Court mediation; Mediation fails to reach a court hearing; There are five stages in the judgment of the court.

    Unilateral divorce requires the following conditions:

    (1) The initiation of divorce proceedings must be a party to the marriage relationship.

    (2) The party who brings a divorce lawsuit must have a legal husband and wife relationship with the defendant.

    (3) The party who brings a divorce lawsuit must have full civil capacity.

    [Legal basis] Article 1079 of the Civil Code, if one of the husband and wife requests divorce, relevant organizations can 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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