what can a woman do to get a divorce? If the woman wants a divorce, she should negotiate with the other party in the marriage. If a divorce is negotiated, both parties can go to the marriage registration office for divorce by agreement. According to the relevant provisions of the Civil Code,
Article 176 If a husband and wife voluntarily agree to divorce, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
article 177 cooling-off period for divorce within 3 days from the date when the marriage registration office receives the application for divorce registration, if one party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.
within 3 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apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.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 178 if the marriage registration authority that registered the divorce finds out that both parties are 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 179th if one of the spouses 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.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(3) gambling, drug abuse and other bad habits;
(4) separated for two years due to emotional disharmony;
(5) Other circumstances that lead to the breakdown of 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 both parties have separated for one year, and one party files a divorce lawsuit again, divorce shall be granted.
article 181 if the spouse of an active-duty soldier requests a divorce, he shall obtain the consent of the active-duty soldier, unless one of the soldiers has a major fault.
Article 182 A woman may not file for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy. However, unless the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.
What are the legal provisions for the second divorce suit?
Divorce and mediation are not allowed. If the plaintiff brings a lawsuit within 6 months without new circumstances and new reasons, it will not be accepted.
article 124 of the civil procedure law is inadmissible.
The people's court shall deal with the following lawsuits according to different situations:
(1) In accordance with the provisions of the Administrative Procedure Law, if it falls within the scope of accepting cases in administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Inform the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Inform the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case where a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(6) Cases that cannot be prosecuted within a certain period of time according to law will not be accepted;
(7) A case in which divorce or mediation is not allowed, or a case in which the adoption relationship is maintained through judgment or mediation, has no new circumstances or new reasons, and the plaintiff brings a lawsuit within six months, it will not be accepted.
The Law on Second Prosecution for Divorce stipulates that if a divorce case is judged as a case that can't be divorced, if both parties have no new circumstances or other reasons, they can't apply for divorce proceedings again within six months. Therefore, generally, after the first divorce case is decided, it takes six months to continue to apply.
what can a woman do to get a divorce? 2. How can I divorce if I lose my marriage certificate?
under normal circumstances, when both husband and wife agree to divorce, they need to go through the formalities with their household registration book, ID card, marriage certificate and divorce agreement signed by both parties before they can be granted divorce. So can I get a divorce if I lose my marriage certificate?
how can I divorce if I lose my marriage certificate? Under normal circumstances, we can do this: one is to bring your ID card to the marriage registration office (marriage window), and the marriage registration department will issue a file search certificate. Both parties hold their household registration book, ID card, file search certificate and three two-inch photos to the marriage registration department where one party's household registration is located, or they can go to the archived marriage registration department to reissue the marriage certificate. After completing the marriage certificate, both parties can go to the civil affairs department to negotiate a divorce and apply for a divorce certificate. Another way is to go directly to the civil affairs bureau to issue a certificate of marital status, and you can apply for divorce registration without having to reissue a marriage certificate.
if the marriage certificate is lost during the divorce proceedings, can I get a divorce? In this case, if the marriage certificate of the prosecution party is lost, the prosecution party can first go to the civil affairs bureau where the marriage is registered to find the marriage file or entrust a lawyer to go to the civil affairs bureau to retrieve the marriage file, and issue my marriage registration certificate to prove the marriage relationship between the two parties. Then the party suing for divorce can file a case with the court with his own identity certificate, marriage certificate, evidence of emotional breakdown and indictment.
how to divorce if the marriage certificate is lost involves, on the one hand, reissue the marriage certificate or the marriage certificate issued by the civil affairs department; on the other hand, evidence that the relationship between husband and wife has indeed broken down should be provided during the divorce proceedings. Therefore, it is a complicated process to divorce if you lose your marriage certificate, but you can still divorce if you lose it.
Second, divorce appointment
If a couple wants to divorce, they need to make an appointment for divorce, which means that the couple who want to divorce should fill out an appointment form first, and then formally handle it after the appointment time. Make an appointment first, let the couple have a period of time to calm down and think about whether this marriage must be divorced.
On April 12th, 21, the Marriage Registry in Cixi City, Zhejiang Province began to try to make an appointment for divorce. Since the implementation of the system for more than three months, 4% of the couples who made an appointment have not gone through the divorce procedures, and the divorce rate has dropped. There is a lot of controversy about the divorce appointment. Some people think that marriage and divorce should be free, and it is not reasonable to set such a hurdle. Others agree that this can avoid many impulsive divorces.
there are some similar measures abroad. In order to prevent impulsive divorce, South Korea has implemented divorce review system in 54 divorce courts nationwide since 28. Like the divorce appointment, couples must go through a "review period" before submitting a divorce agreement, otherwise they cannot agree to divorce. Couples with children are divorced for 3 months and childless for 1 month.
what can a woman do to get a divorce? 3 How to divorce in case of cold domestic violence?
how to divorce from domestic cold violence, the current practice in China is as follows:
1. How to divorce from domestic cold violence Method 1: Divorce by agreement (going to the local civil affairs bureau for divorce)
If both husband and wife reach an agreement on child support and property, they can go to the marriage registration office where one party's permanent residence is located to register for divorce and dissolve the marriage relationship. If you have emotional problems, add an emotional tutor/letter: huazhen2555, and receive professional emotional analysis for free.
2. How to divorce from domestic cold violence Method 2: Litigation divorce (going to court for divorce)
The most direct way to end domestic cold violence is to file a divorce lawsuit. This is a form of relief clearly stipulated by Chinese law, and it is also a way of relief often adopted by the parties. If both men and women can't reach an agreement on divorce, they can bring a lawsuit to the people's court, and the people's court will dissolve the marriage relationship through mediation or judgment after hearing.
is domestic cold violence illegal?
With domestic violence becoming more and more serious in society, many women have a strong awareness of rights protection of physical violence and gradually know how to "protect" themselves through laws. If you add your fists and feet and leave scars on the other side, you will be prosecuted if you are not good. Therefore, some people use another "advanced" cold violence method. There is no clear definition of cold violence, and the adoption of this method between husband and wife is related to people's growing legal awareness. However, family "cold violence" has the characteristics of repetition and concealment. In addition, there are no scars and blood, so it is impossible to identify the injury. Even if it goes to court, it is difficult for the judge to determine who is at fault.
At present, the legal definition of "cold violence" in China is still blank, especially when women become the object of "cold violence". China's existing law on the protection of women's rights and interests, the Marriage Law and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) either stipulate in principle or define domestic violence in the form of "action" without clearly defining the form of "inaction" (that is, "cold violence"), which makes domestic violence encounter legal gaps, so how to divorce domestic violence becomes a difficult problem.
The divorce problem of domestic cold violence should be solved from a moral point of view rather than a legal point of view. After all, this is a matter between husband and wife, and divorce can be negotiated.