When your wife sues for divorce and you don't want to get a divorce, there are a few things you need to do to deal with the situation. Here are some suggestions to help you deal with this situation.
Netizen consultation:
My wife sues for divorce, what should I do if I don't leave?
Lawyer answers:
1. If you don't want a divorce, you can take the following steps:
1. You can communicate well with your wife, actively solve existing problems, and try your best to save the other party.
2. If the other party insists on the divorce, you can show the judge that you do not agree with the divorce and provide evidence that the relationship between the two parties has not broken down, so that the court will not sentence the parties to divorce.
II. What is the evidence to prove the breakdown of the relationship between the husband and wife The evidence includes: the existence of either spouse, cohabitation with others, abandonment, gambling and drug addiction and other bad Xi and repeated teaching, and the husband and wife have been separated for two years, all of which are legal circumstances of divorce. Whether there is any of the above is up to the court to see the evidence presented by both parties. If one of the spouses wants to resolve the divorce through litigation, it is crucial to find evidence to prove the breakdown of the relationship, and the evidence of the breakdown of the relationship is no different from the evidence in ordinary civil cases, and usually includes the following:
1. "Documentary evidence" refers to written materials recorded or expressed in words, symbols, or graphics that can prove the characteristic facts of the case. Such as: love letters, diaries, invoices for opening a house outside and other evidence.
2. Physical evidence refers to all items that can prove the true situation of the case. 3. Audio-visual materials refer to evidence that proves the facts of a case by means of audio or video recordings, sound or images reflected in magnetic tapes, or information stored by electronic computers. Such as the spouse and the lover together to shoot **, video, audio recording, etc.
4. Witness testimony refers to the oral or written statements made by witnesses to the people's court on the facts of the case that they know. For example, the illegal behavior of the spouse, what relatives, friends, colleagues, and neighbors have observed, seen, heard, etc.
5. "Statement of the parties" refers to the statements made by the parties to the people's court on the facts of the case. For example, transcripts of conversations between the parties and judges.
6. "Appraisal conclusion" refers to the scientific judgment conclusion made by the appraisal department after using professional knowledge to study the specialized issues raised by the parties and the people's court. Where the court finds that an appraisal is necessary for a specialized issue, it shall be handed over to the appraisal department for appraisal. The appraisal department and the evaluator shall submit a written appraisal conclusion and sign or affix a seal to the appraisal document.
[Legal basis].
Civil Code of the People's Republic of China
Article 1079: [Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation;If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person;(2) Committing domestic violence or abusing or abandoning family members;(3) Having gambling, drug addiction, or other bad Xi that has not been changed;(4) Separated for two years due to emotional discord;(5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Author: Fa Que Consulting.
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