When the relationship between husband and wife is broken to the point of no repair, divorce is often an inevitable option. However, in many cases, one party may be reluctant to divorce, which can leave the other party confused and helpless. So, can one of the divorcing parties get a divorce if they don't agree? Let's answer this question in detail.
First of all, it needs to be clear that divorce is a matter for both spouses, and both parties must agree to divorce by agreement. If one party does not agree to the divorce, then the divorce by mutual agreement cannot proceed. However, this does not mean that a divorce is impossible. Because in addition to divorce by agreement, there is also a lawsuit divorce.
Divorce by litigation refers to the dissolution of a marriage through the courts. In the event that one party does not agree to the divorce, the other party can file a divorce lawsuit with the court. If the court finds that the relationship between the husband and wife has broken down and it is impossible to continue living together, and mediation has not worked, then the divorce can be granted.
It should be noted that there are certain conditions that need to be met for divorce by litigation. First of all, the party bringing the lawsuit must have sufficient evidence to prove that the relationship between the husband and wife has indeed broken down. Second, they need to provide relevant evidence to prove that their claims are reasonable. Finally, there is the need to comply with legal procedures and proceed with the court's requirements.
Below, we will use an example to explain the situation where a divorce can be obtained if one of the parties to the divorce does not agree.
Suppose there is a couple and the man wants a divorce, but the woman does not agree. The man believes that the relationship between the husband and wife has broken down and can no longer live together, while the woman believes that they still have an emotional basis and can save the marriage. In this case, the husband may choose to file a divorce lawsuit with the court.
In the course of the proceedings, the husband needs to provide sufficient evidence to prove that the relationship between the husband and wife has indeed broken down. For example, evidence such as chat records, call records, and text messages between husband and wife can be provided to prove that the parties have been separated for a long time or that there are serious conflicts. In addition, the husband also needs to provide relevant evidence to prove that his claim is reasonable. For example, you can provide proof of your income, proof of property and other evidence to prove that you have the ability to live independently.
If the court finds that the husband's evidence is sufficient, the claim is reasonable, and the mediation is ineffective, then the divorce can be granted. Even if the woman does not agree to the divorce, it cannot prevent the court from making a decision.
Divorce is a matter for both spouses, and both parties must agree to divorce by mutual agreement. If one party does not agree to the divorce, the divorce by mutual agreement cannot proceed.
In the event that one party does not agree to the divorce, the other party can file a divorce lawsuit with the court. If the court finds that the relationship between the husband and wife has broken down and it is impossible to continue living together, and mediation has not worked, then the divorce can be granted.
The party initiating the lawsuit must have sufficient evidence to prove that the relationship between the husband and wife has indeed broken down and provide relevant evidence to prove that his claim is reasonable. At the same time, it is necessary to comply with legal procedures and conduct litigation in accordance with the requirements of the court.