Traditional Culture Encyclopedia - Photography major - What if the man doesn't agree to divorce when the relationship breaks down?

What if the man doesn't agree to divorce when the relationship breaks down?

Legal analysis: after the breakup of the relationship, the party who wants to divorce disagrees with the other party. The party who wants to divorce can file a divorce lawsuit with the court and ask for a divorce. As long as the party suing for divorce can provide evidence to prove that the relationship between husband and wife has broken down, the court also finds that the relationship between the two parties has broken down after the trial. If mediation fails, divorce will be decided, regardless of whether the other party agrees or not. On the other hand, if the court finds that the relationship between the two parties has not broken down after the trial, it will not judge the divorce.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.