People's courts usually consider the principles of family stability and social harmony when deciding whether to divorce, so they will be more cautious about the first divorce case. China's current marriage law clearly stipulates that the court will decide divorce only if it meets the requirements of the marriage law that "the relationship between husband and wife has indeed broken down". Specifically, it is the following situation:
1) One of the spouses is bigamous or cohabiting with other members of the opposite sex;
2) One party has long-term domestic violence;
3) Abandoning and abusing family members;
4) Husband and wife have been separated for more than two years;
5) Other circumstances.
It can be seen that if only the husband and wife often quarrel, or can't understand each other, the personality, living habits and cultural level are too different, or the relationship between mother-in-law and daughter-in-law is not harmonious, the court will generally not easily decide divorce.
Extended data:
procedure
When a divorce lawsuit is filed and the divorce judgment takes effect, it generally goes through the following stages:
1. A situation in which one spouse requests a divorce and the other spouse disagrees.
Generally, one spouse asks for a divorce, but the other strongly disagrees. If one spouse has not abused, abandoned, seriously domestic violence, cohabited with others or bigamy, the general court will not judge a divorce.
Ordinary beatings, adultery and even whoring may not necessarily dissolve the relationship between husband and wife in the first divorce proceedings. It is of little significance to file an appeal at this time, and the court of second instance basically upheld the judgment of the court of first instance. It takes several months from filing an appeal to an appeal judgment, which is not good for the party eager for divorce.
Therefore, if one party does not agree to divorce, it usually has to go through two lawsuits, that is, after the judgment of the first divorce lawsuit, the second divorce is filed six months after the judgment takes effect, and the court that filed the divorce for the same reason and the same fact less than six months will not accept it.
When the divorce proceedings are filed for the second time, the court will basically decide divorce. If there are no announcements and other events, the whole process will take a year.
Two, the two sides agreed to divorce, but have different opinions on the division of property and child support.
If you refuse to accept the court's judgment (mediation) after the divorce judgment of first instance, you may appeal to the intermediate people's court within fifteen days (ten days) from the date of receiving the judgment (mediation). If no appeal is made within the time limit, the judgment (mediation) will take effect.
If you don't appeal in time, after the judgment (mediation) takes effect, the parties can't apply for a retrial on divorce or not, but only on property division and child support.
Baidu Encyclopedia-Litigation Divorce