Family Life Knows Everything.

Chapter 332 What to Do If One Party Wants a Divorce and the Other Party Doesn't Want to Divorce

If one of the husband and wife proposes to divorce, but the other party does not want to divorce, and a dispute arises, the unit, mass organization, lane or township or village grass-roots mediation organization of the parties can mediate; or they can directly file a divorce lawsuit with the people's court where the other party is located. No one can stop it.

After the mediation of administrative procedures, the husband and wife may reconcile and continue to maintain the relationship between husband and wife; it is also possible to mediate a divorce, that is, the party who originally disagreed with the divorce also agrees to the divorce. Registration procedures; mediation may also be invalid, transferred to the people's court for processing.

After the people's court receives a divorce case, it still needs to conduct mediation first.There are three possible outcomes of mediation:
The first one is mediation and reconciliation, withdrawal of the lawsuit and reconciliation;
The second type is divorce mediation;

The third is that the mediation is invalid, the plaintiff still insists on the divorce request, and the defendant still insists not to divorce.

Among them, when the second situation occurs, that is, both parties to the mediation voluntarily divorce, and the registration of divorce with the marriage registration authority is also a divorce by agreement, and the court will issue a divorce mediation certificate.

When the third situation occurs, that is, when mediation is invalid, whether to divorce should be decided by the people's court.If the parties are not satisfied with the judgment, they may appeal to the people's court at the next higher level.After the court judges that the divorce is not allowed, if there are no new circumstances and new reasons, no further lawsuits can be filed within 6 months.

family life made easy

夫妻在婚姻关系存续期间所得的下列财产，归夫妻共同所有：（1）工资、奖金；（2）生产、经营的收益；（3）知识产权的收益；（4）因继承或赠与所得的财产，但遗嘱或赠与合同中确定只归夫或妻一方的财产除外；（5）其他应当归共同所有的财产。

(End of this chapter)