Traditional Culture Encyclopedia - Photography and portraiture - The relationship between husband and wife is broken. What if the man doesn't want a divorce?

The relationship between husband and wife is broken. What if the man doesn't want a divorce?

Legal analysis: if one party files for divorce and the other party disagrees, the marriage relationship can only be dissolved through litigation. If one party files a divorce lawsuit and mediation fails, the court will generally grant the divorce lawsuit after hearing that the relationship between the two parties has indeed broken down. If it is found through trial that the relationship between the two parties has not yet broken down and it is still possible to repair it, the divorce request is generally not allowed.

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 willingness of both parties to divorce 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.