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What if I receive a summons from my wife to sue for divorce?
1. There is a time limit of 15 days after receiving the wife's summons to sue for divorce. If it is necessary to obtain evidence, it shall apply to the court and issue an investigation order within 15 days. If there is no evidence within the time limit, the letter may not be accepted in court.
2. Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC).
If one of the spouses requests a divorce, the relevant organizations 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.
Second, what procedures need to be prepared for divorce?
The procedures required for divorce are as follows:
1. To prepare a divorce agreement, both men and women must sign a written divorce agreement, which must include voluntary divorce, child support, property and debt negotiation, etc.
2. Accepting the application, both men and women prepare relevant materials and apply for divorce registration in person at the Civil Affairs Bureau;
3. During the cooling-off period, within 30 days from the date of applying for divorce registration, if either party is unwilling to divorce, it may withdraw its application for divorce registration at the Civil Affairs Bureau.
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