What if men don't agree to divorce?

If the man does not agree to divorce, the woman can file a divorce lawsuit with the court, and the court will make a judgment. The court will mediate first, but if mediation fails, the relationship between the two sides has broken down and the law stipulates that divorce should be granted. If one party has bigamy, cohabitation with others, domestic violence, gambling or drug abuse, etc. , and mediation fails, divorce should be granted. The premise of litigation divorce is that the relationship between the two parties has broken down. If the relationship cannot be proved, it is not conducive to the court's decision on divorce.

legal ground

According to article 1079 of the Civil Code of People's Republic of China (PRC), if one of the spouses requests a divorce, the relevant organizations can 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.