First, why is divorce difficult?
When we say that divorce is difficult, we mean that it is difficult for the judge to decide to allow the husband and wife to divorce when the lawsuit is divorced. Divorce proceedings are very special, almost all cases can be applied for retrial, only a few cases can not be retried, divorce case is one of them.
That is to say, once the court decides to dissolve the marriage relationship, after the judgment takes effect, no one can apply to the court for retrial and ask the court to change the judgment, and divorce or restore the marriage relationship is not allowed, even if there are serious factual errors or graft.
Second, there are only two ways to divorce.
(1) Divorce by agreement-register the divorce in the marriage registry.
Both men and women voluntarily divorced, and reached a * * * understanding on children and property issues, that is, reached a divorce agreement. Of course, divorce is not difficult.
As long as both parties apply for divorce in the marriage registration office (the civil affairs department of the people's government at the county level or the people's government at the township (town) where one party's permanent residence is located), the marriage registration office will issue a divorce certificate to dissolve the marriage relationship after finding out that both parties are really voluntary and have properly handled the children and property issues.
(2) Litigation divorce-the court makes a divorce judgment.
It's easy to register a divorce at the marriage registry. Why do you want to file divorce proceedings? Because in some cases, you can't directly register for divorce at the marriage registry to dissolve the marriage relationship, and you must go through litigation to get a divorce.
1. Both men and women are ambiguous about divorce.
If there are differences between men and women on whether to divorce or agree to divorce, but there are differences on child support and property division, the marriage registration office will not issue a divorce certificate, but will only mediate between the two.
Article 32 of the Marriage Law stipulates: "If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court."
If you don't sue, you need to ask someone else to help you with the other party's work to mediate the divorce. You can find relatives and friends, lawyers, village committees, neighborhood committees or people's mediation committees established by enterprises and institutions to mediate. After the mediation is successful, you need to go to the marriage registration office for divorce registration. If mediation fails, they can sue for divorce in court, or ask the court to make a judgment on their property and child support.
Whether you bring a lawsuit directly to the court without mediation, or you have asked someone else to help you mediate, the court must mediate before hearing a divorce case. Article 32 of the Marriage Law stipulates: "The people's courts shall conduct mediation when trying cases". Court mediation is a necessary procedure for hearing divorce cases.
The most important step in the trial is to produce evidence to make the court think that the relationship between the two has indeed broken down, or to produce evidence against the other party.
One party wants a divorce, the other party.