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Gold medal mediation wife insists on divorce
First, the role and limitations of gold medal mediation
As a non-litigation dispute resolution method, gold medal mediation aims to help couples communicate and negotiate and reach a settlement or agreement through the assistance of mediators. However, gold medal mediation is not omnipotent, and its success often depends on the will and contradictory nature of both husband and wife. When the wife insists on divorce, it may be difficult to change her decision through gold medal mediation.
Second, the analysis of the reasons why the wife insists on divorce
There may be various reasons why a wife insists on divorce, including but not limited to emotional breakdown, domestic violence, economic disputes and so on. Understanding these reasons is very important for solving contradictions. Through communication and psychological consultation, both sides can deeply understand each other's needs and demands and find possible solutions.
Third, solve the divorce problem through legal channels.
If the gold medal mediation fails to reach a settlement and the wife insists on divorce, then both parties can solve it through legal channels. Specifically, you can file a divorce lawsuit with the people's court. In the course of litigation, the court will hear the disputes between the two parties according to law and make a judgment according to the actual situation. It should be noted that divorce proceedings involve issues such as property division and child support, so both parties need to fully prepare relevant evidence and materials.
Four. Legal consequences and liability.
The result of divorce proceedings may lead to the dissolution of the relationship between husband and wife, the division of property and the determination of custody of children. According to the Marriage Law of the People's Republic of China and relevant judicial interpretations, both parties shall bear corresponding legal responsibilities and obligations. For example, the division of property should follow the principle of fairness, and the custody of children should be determined according to the best interests of children.
To sum up:
When the gold medal mediation wife determines the divorce, the two sides should first try to resolve the contradiction through mediation and consultation. If no agreement can be reached, we can consider solving it through legal channels. In the process of divorce proceedings, both parties should abide by legal procedures, respect the judgment of the court, and bear corresponding legal responsibilities and obligations.
Legal basis:
the marriage law of the people's republic of china
Article 32 provides that:
If one of the men and women requests a divorce, the relevant departments 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 really broken down and mediation fails, divorce shall be granted.
the marriage law of the people's republic of china
Article 39 provides that:
At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
the marriage law of the people's republic of china
Article 37 provides that:
After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
People's Republic of China (PRC) Civil Procedure Law
Article 123 stipulates:
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
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