1. What if my husband asks for a divorce?
According to the law of our country, if one of the men and women asks for a divorce, but the other party does not agree, the relevant departments can mediate or bring a divorce lawsuit directly to the people's court.
1, court mediation
When the people's court of our country tries a case in which one party does not agree to divorce, it should mediate first; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) 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 the marriage relationship.
2. Court decision
After mediation, the court finds that the relationship between husband and wife has indeed broken down and there is no possibility of reconciliation, and the court can make a judgment granting divorce to both parties.
In practice, if one party does not agree to divorce, the court first mediates. Generally, divorce is not decided in the first lawsuit, and the parties can file a divorce lawsuit again after half a year. Generally, the possibility of a second divorce is greatly enhanced.
Second, what if the other party suing for divorce does not appear in court?
According to many divorce cases tried by the people's courts, there are two types of defendants who do not appear in court:
1. Because the defendant's whereabouts are unknown, he cannot be notified to appear in court;
2. The defendant has a clear address and informed himself that he did not appear in court for various reasons.
For the defendants in the first category of divorce cases, it is really impossible to inform them to appear in court because their whereabouts are unknown. The court's handling method: it is stipulated that the parties to such divorce cases cannot appear in court, so the expiration of the announcement means that the relevant legal procedures have been served on them according to law. According to the provisions of Article 130 of the Civil Procedure Law: "If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default."
For the second type: the defendant has a clear address, which he has been told. I don't appear in court for various reasons, because there is no clear provision in the law at present, and the handling method is chaotic. The court will handle it according to different circumstances:
(1) The parties have full capacity for civil conduct, and for the purpose of unwilling to divorce, after receiving the court summons, they just don't appear in court. For this kind of divorce cases, it is handled in two ways:
First, I really don't want to appear in court to participate in the proceedings, but I will state my opinions to the court in writing. According to the Supreme People's Court's "About Application"
Second, I don't want to appear in court, nor do I give a written divorce opinion to the people's court. The parties to such divorce cases may be defendants who must appear in court as stipulated in Article 1 12 of the judicial interpretation. Because the parties to such divorce cases have the obligation to raise their children, they can't find out the relevant facts until they appear in court. If they refuse to appear in court after two summonses, they can be summoned according to law.
(2) The litigant is a divorce case with no capacity for civil conduct, and his legal representative is unwilling to cooperate with the court hearing because of many factors such as no one to raise his children after divorce, and refuses to appear in court, which makes the case impossible to hear.
To deal with this kind of divorce cases, we should first do more ideological work for the legal representatives of people without civil capacity, urge them to cooperate with the court's trial work, represent their children in court, and let the court earnestly safeguard their legitimate rights and interests. If you work through the court, the guardian is still unwilling to appear in court. The people's court may refer to the second paragraph of Article 1 12 of the Opinions of the Supreme Court on Several Issues concerning the Civil Procedure Law that "the legal representative of a minor who has caused damage to the state collective or others must appear in court, and if he refuses to appear in court without justifiable reasons after two summonses, compulsory summonses may also be applied", and his guardian may be summoned to appear in court to participate in the proceedings according to law.
In daily life, if you encounter related divorce situations, you must pay attention to the conditions and procedures of divorce proceedings, so as to better safeguard your rights and interests.