What to do if one party to the divorce disagrees
In recent years, the divorce rate has been increasing year by year, but not all divorces can be successfully concluded. When one party firmly disagrees with the divorce, the other party often gets into trouble. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of the legal approaches and coping strategies when one party to the divorce disagrees.
1. Legal basis for divorce where one party disagrees
According to the relevant provisions of the Civil Code of the People's Republic of China, divorce is divided into two methods: divorce by agreement and divorce by litigation. If one party does not agree to the divorce, the other party can resolve the matter through litigation. The following is a brief description of the relevant legal provisions:
| Legal terms | content |
|---|---|
| Article 1079 of the Civil Code | If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. |
| Article 1080 of the Civil Code | When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. |
2. The process of litigating for divorce
When one party disagrees with the divorce, litigating for divorce is the main way. The following is the basic process for litigating a divorce:
| steps | content |
|---|---|
| 1. Prepare materials | Complaint, ID card, marriage certificate, property certificate, etc. |
| 2. File a complaint | Submit prosecution materials to the court at the defendant's place of domicile or habitual residence. |
| 3. Court mediation | The court will organize both parties to mediate and try to reconcile. |
| 4. Hearing in court | If mediation fails, the court will hold a hearing. |
| 5. Judgment | The court decides whether to grant divorce based on the facts and law. |
3. Criteria for court decisions on divorce
The core criterion for the court to rule on divorce is that "the relationship has truly broken down." According to the Civil Code, the following situations can be regarded as emotional breakdown:
| situation | Description |
|---|---|
| Bigamy or cohabitation with others | One party maintains an inappropriate relationship with another person for a long time. |
| domestic violence or abuse | Violence or abuse committed by one party against another. |
| Gambling, drug abuse and other vices | One party has bad habits and refuses to change despite repeated admonitions. |
| Separated for more than two years | They have been separated for two years due to emotional discord. |
4. Coping strategies
1.collect evidence: If the other party does not agree to the divorce, evidence of the breakdown of the relationship needs to be collected, such as chat records, separation certificates, violence records, etc.
2.seek mediation: Through mediation by neighborhood committees, women's federations and other organizations, it is possible to reach a settlement or provide evidence for litigation.
3.separated: If conditions permit, you can separate first, and the success rate of divorce after two years will be higher.
4.lawyer assistance: Hire a professional lawyer to help sort out the case, prepare materials, and increase the probability of winning the case.
5. Property division and child support
Even if one party does not agree to the divorce, the court will still handle issues of property division and child support in accordance with the law. Here are the basic principles:
| matters | principles |
|---|---|
| property division | In principle, joint property should be divided equally, with due care given to the non-fault party. |
| child support | Take the interests of the children as the core and comprehensively consider the conditions of both parties. |
6. Summary
If one party to the divorce disagrees, the other party can resolve the matter through litigation. The key is to prove that the relationship has indeed broken down and to make evidence collection and legal preparations. Marriage is a major event in life. Whether it is divorce by agreement or divorce, you need to treat it with caution and seek professional legal help when necessary.
Through the above analysis, I hope it can provide you with a clear solution. Although divorce is not easy, the law provides equal protection for everyone.
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