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My wife wants a divorce. What should I say?
One is registered divorce, and the other is litigation divorce.
1. According to Article 3 1 of China's Marriage Law, if both men and women divorce voluntarily and properly handle the issues of child support and property division, they can go to the marriage registration office for divorce registration without litigation. When handling divorce registration, the following documents shall be provided:
1, account book, ID card
2. Marriage certificate
3. The divorce agreement signed by both parties.
I suggest you try to persuade him first, register for divorce with him, and try to solve the divorce problem in a peaceful way. If he really doesn't want a divorce, and you insist, then divorce proceedings are the only way.
Second, divorce proceedings. Divorce litigation refers to a lawsuit filed by a husband and wife to the people's court based on legal divorce reasons, and the people's court decides whether to maintain the marriage relationship.
The procedure of divorce proceedings is as follows:
1. Bring a lawsuit to the people's court. Generally, they will go to the filing hall, where they will be audited, and those who meet the conditions for filing will be filed. If you two don't live together, bring a lawsuit in the man's place according to the principle that the plaintiff is the defendant. When filing an application for divorce proceedings, the following documents shall be provided:
I. Indictment for divorce (in triplicate)
B, household registration book
C id card (temporary id card, household registration certificate, military officer's card, staff sergeant's card, military cadre's card, etc.). )
D. Marriage certificate
2. After being examined by the filing hall to meet the filing conditions, the filing court will issue a filing notice, and you will pay the legal fees with the filing notice (50 yuan). The court formally accepted the case.
3. After being accepted by the court filing court, the case will be transferred to the civil court for trial.
4. After accepting the case, the civil court issued a summons to the man, asking him to appear in court within a certain period of time. At the same time, the court also informed you to appear in court to participate in the proceedings.
5. After both parties appear in court, the court will mediate (this is a necessary procedure). There are three kinds of mediation results:
A. If both parties are willing to maintain the marriage after mediation, you withdraw the lawsuit and the marriage will continue to be valid.
B. After mediation, if he agrees to your divorce request and handles the children and property issues properly, you will drop the lawsuit and both parties will register for divorce at the marriage registry.
C. After mediation, you still insist on divorce but he doesn't agree, or both parties agree but the handling of children and property issues is controversial. Then the court will hear and decide.
6. The court made a judgment on whether to grant the divorce through trial.
The court takes whether the relationship between the two parties has really broken down as the legal condition for judging divorce. Among them, Article 32 of the Marriage Law stipulates the following legal reasons for granting divorce:
Bigamy or spouse cohabiting with others
B, the implementation of domestic violence or abuse, abandonment of family members
C. Have bad hobbies such as gambling and drug abuse, and refuse to change after repeated education.
D. have been separated for two years due to emotional disharmony.
E. Other circumstances that lead to the breakdown of the relationship between husband and wife
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