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What to do if you want to divorce your wife

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What to do if you want to divorce your wife


        

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  • 2024-05-26 13:01:17

    In China, there are two ways of divorce: agreement divorce and prosecution divorce. If one party disagrees with the divorce and the other party brings a lawsuit to the court, or the two parties cannot reach an agreement on the division of property and child rearing, they may bring a lawsuit to the court.

    In the case of divorce proceedings, it is necessary to go to the basic people's law of the defendant's domicile to propose that a petition of complaint, identity card, marriage certificate should be prepared. If the custody of children is involved, the birth certificate of children should also be prepared.

    [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.

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