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If the wife wants to divorce, she can prepare a complaint and relevant evidence materials and submit them to the court. The court will decide whether to admit the lawsuit and send a copy of the complaint and a summons to the other party within the prescribed time. After that, the court will schedule a hearing and proceed with the verdict.
If the husband is working outside the home, the wife can seek a divorce by suing for divorce. The proceedings are as follows:
1.Preparation of indictments;
2.Preparation of relevant evidentiary materials;
3.Submit the complaint, evidence, and proof of identity of the original defendant in court;
4.The court decides whether to accept the lawsuit;
5.After the court accepts the case, it shall send a copy of the complaint to the other party within the prescribed time;
6.The court arranges for a time and sends a summons to the parties;
7.Conduct a trial;
8.Render a verdict.
Can I seek a divorce by suing for divorce?
According to Article 1079 of the Civil Code of the People's Republic of China, if one of the husband and wife requests a divorce or both husband and wife deem it necessary to accept the application for divorce registration, they may apply to the marriage registration authority for divorce registration. Therefore, seeking a divorce by suing for divorce is not prohibited by law.
However, in the process of divorce proceedings, certain legal conditions need to be met. According to Article 1080 of the Civil Code, if a husband and wife request a divorce, they shall first negotiate on their own, and if the negotiation fails, they may file a lawsuit with the people's court. Therefore, in divorce proceedings, there needs to be a clear defendant, that is, the opposing party, and there needs to be specific claims and claims.
In addition, Article 1091 of the Civil Code stipulates that divorce cases shall be accepted by the people's courts. After the people's court accepts the divorce case, the parties may negotiate on their own or have the people's court mediate. Where the people's court fails to mediate, a judgment shall be made in accordance with law. Therefore, if the husband and wife believe that they need to seek divorce by suing for divorce, they should first negotiate on their own, and if the negotiation fails, they can file a lawsuit with the people's court, and the people's court will make a judgment in accordance with the law.
Suing for divorce and seeking a divorce can be protected by law, but it needs to meet certain legal conditions. The husband and wife shall first negotiate on their own, and if the negotiation fails, they may file a lawsuit in the people's court. After the people's court accepts the divorce case, the parties may negotiate on their own or have the people's court mediate. If mediation fails, a judgment shall be rendered in accordance with law.
Article 1080 of the Civil Code of the People's Republic of China provides that the marriage relationship shall be dissolved when the registration of divorce is completed, or the divorce judgment or mediation document takes effect.
Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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 bad Xi such as gambling and drug addiction 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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