How to talk about mediation in divorce court

After suing for divorce, the court usually holds a court session in about one and a half months, and the defendant will receive a summons from the court in about 20 days. Divorce cases. If there is no big dispute, the summary procedure is applied, which is usually completed in about 3 months. If the case is complicated, it will be converted into an ordinary procedure and completed in about 6 months. Article 32 of the Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, divorce shall be granted. When suing for divorce for the first time, if the prosecution fails to provide evidence of the breakdown of marriage relationship, such as bigamy or cohabitation with others, domestic violence, gambling, drug abuse, separation for two years due to emotional disharmony, etc. If there is such evidence, the court will generally decide to divorce. Without this evidence, the court will not decide on divorce. The prosecution can only prosecute six months after the first-instance judgment takes effect, and the second prosecution usually decides divorce.

Legal basis:

People's Republic of China (PRC) Civil Code

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.