How to file for divorce unilaterally
In recent years, the divorce rate has increased year by year, and many people have questions about the process and precautions for unilaterally applying for divorce. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of the steps, legal basis and frequently asked questions for unilaterally applying for divorce.
1. Legal basis for unilateral application for divorce
According to Article 1079 of the Civil Code of the People's Republic of China, if one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
2. Conditions for unilateral application for divorce
| Conditions | Description |
|---|---|
| relationship breakdown | The relationship between husband and wife has indeed broken down and they cannot continue to live together. |
| Separated for more than two years | Separated for more than two years due to emotional discord, mediation was invalid |
| domestic violence | There is domestic violence or abuse |
| Bigamy or cohabitation with others | One party commits bigamy or cohabitation with another person |
3. Process of Unilateral Application for Divorce
| steps | Specific operations |
|---|---|
| 1. Prepare materials | ID card, marriage certificate, divorce complaint, evidence materials, etc. |
| 2. File a complaint | Submit to the People's Court of the defendant's place of domicile or habitual residence |
| 3. Court acceptance | The court will decide whether to file the case after reviewing the materials. |
| 4. Mediation stage | The court organizes both parties to mediate |
| 5. Hearing in court | If mediation fails, it will enter the trial stage. |
| 6. Judgment | The court makes its judgment based on facts and law |
4. Things to note when applying for divorce unilaterally
1.evidence collection: When applying for divorce unilaterally, the collection of evidence is crucial. For example, domestic violence requires hospital diagnosis certificates, police records, etc.; separation requires a rental contract, neighbor's testimony, etc.
2.property division: Property division is an important step in divorce. According to Article 1087 of the Civil Code, the joint property of husband and wife shall be handled by agreement between the parties; if the agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children, the woman and the non-fault party.
3.child support: For child support issues, the court will make a decision based on factors such as the age of the child and the financial status of both parties. Children under two years old generally live with their mother; for children over eight years old, the court will respect their wishes.
5. Statistics on divorce-related hot topics across the Internet in the past 10 days
| hot topics | amount of discussion | main focus |
|---|---|---|
| divorce cooling off period | 1.2 million+ | Does the cooling-off period affect divorce efficiency? |
| property division | 850,000+ | How to distribute property before and after marriage |
| custody battle | 650,000+ | How to fight for child custody |
| domestic violence divorce | 500,000+ | Domestic violence evidence collection and legal protection |
6. Frequently Asked Questions
1.Q: How long does it take to file for divorce unilaterally?
Answer: It usually takes 3-6 months. The specific time depends on the complexity of the case and the court's schedule.
2.Question: What should I do if the other party disagrees with the divorce?
Answer: If the relationship has truly broken down, the court can still order a divorce even if the other party does not agree.
3.Q: How to change custody rights after divorce?
Answer: If you need to change custody after divorce, you need to apply to the court and provide sufficient reasons.
7. Summary
Applying for divorce unilaterally is a complex legal procedure that involves many issues such as relationships, property, and children. It is recommended that you fully understand the relevant legal regulations before applying and consult a professional lawyer if necessary to protect your legitimate rights and interests. In recent years, with the implementation of new regulations such as the divorce cooling-off period, divorce procedures have become more standardized, but at the same time, parties also need to treat marital issues more rationally.
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