In most cases, divorce is done with the consent of both parties, but if only one party wants a divorce and the other party refuses to agree to the divorce, can it still be divorced? What should I do?
1. If you want to divorce but the other party disagrees, can you divorce?
Can you divorce?
When hearing a case where one party disagrees with the divorce, the People's Court of our country should first conduct mediation; if the relationship has truly broken down and mediation is invalid, the divorce should be granted.
Divorce should be granted if mediation fails under any of the following circumstances:
(1) Bigamy or a spouse living with another person;
(2) ) who commits domestic violence or abuses or abandons family members;
(3) who has bad habits such as gambling and drug abuse and refuses to change despite repeated admonishment;
(4) who has been separated for more than two years due to emotional discord ;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
Therefore, even if one party does not agree to the divorce, they can still file a lawsuit.
2. What to do if one party refuses to divorce
There are two ways to divorce. It is divorce by agreement, and the other is divorce by litigation. Usually, if the couple can reach an agreement on issues such as property, child custody, etc., then they only need to sign a divorce agreement, and then get a divorce certificate as we all know. This is a divorce by agreement.
There is also a litigation divorce. This divorce method is a way that one party has to take when one party wants to divorce but the other party does not agree. However, this divorce method is very expensive and requires a lot of money. A lot of time, the key is that after spending a lot of effort, you may not achieve the desired results. ?
Because divorce proceedings are not that simple. If certain conditions are not met, I am afraid that in the end it will be all in vain. Therefore, if you want to file for divorce, you need to meet some necessary conditions, such as the following points.
1. Domestic violence or abandonment of family members;
2. Have bad habits such as gambling, drug abuse, etc., and have not changed them;
3. There is bigamy or cohabitation with others;
4. Those who have been separated for more than 2 years;
5. If one party is missing and the other party files for divorce, the divorce will be allowed; < /p>
6. The couple’s relationship breaks down due to other reasons.
