What should I do if I don't want a divorce for my children?

For children who don't want to divorce, they can negotiate with the one who wants to divorce, find out the related problems in marriage and make changes. However, the Civil Code stipulates that both husband and wife have the freedom to divorce. If the other party insists on divorce, they can negotiate first and try to reach an agreement that is more conducive to the healthy growth of children in terms of custody and maintenance. If the divorce agreement fails, the other party may apply for divorce through litigation.

legal ground

People's Republic of China (PRC) Civil Code

Article 1076 Divorce by agreement

If the husband and wife voluntarily divorce, 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 1077 Cooling-off Period for Divorce

Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

Article 1078 If the marriage registration authority that registered the divorce finds out that both parties really divorced voluntarily and reached an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Article 1079 Litigation divorce

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.

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.