Traditional Culture Encyclopedia - Traditional culture - I want to divorce wife does not agree how to do

I want to divorce wife does not agree how to do

The man wants a divorce and the woman does not agree, the man can go directly to court to file a divorce lawsuit. For both sides of the relationship has broken down, the court mediation is invalid, will generally grant a divorce. The woman during pregnancy, within one year after delivery or within six months after termination of pregnancy, the man may not file for divorce; however, the woman filed for divorce or the people's court considers it necessary to accept the man's request for divorce, except. So whether the court will decide to divorce the two sides depends on the actual situation.

Legal basis

Article 1079 of the People's Republic of China (PRC) Code of Criminal Procedure, if one of the spouses requests a divorce, he or she may be conciliated by the relevant organizations or file a divorce lawsuit directly with the People's Court.

The people's court hearing a divorce case shall conduct mediation; if. feelings have really broken down, mediation is ineffective, shall be granted a divorce

One of the following circumstances, mediation is ineffective, shall be granted a divorce:

(a) bigamy or cohabitation with another person;

(b) domestic violence, or abuse or abandonment of family members;

(c) gambling, drug addiction and other vices repeatedly refused to change;

(d) because of the (d) Separation for two years due to emotional discord;

(e) Other circumstances leading to the breakdown of the couple's relationship.

If one of the parties is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

After the People's Court has ruled that divorce is not permitted, and the two parties have been separated for one year, and one of the parties has filed for divorce again, the divorce shall be granted.