When a marriage cannot survive, divorce is the last resort for most couples. However, in real life, divorce is not as simple and easy as imagined, especially when one party refuses to leave. Faced with this situation, What should we do if the situation is "arrogant" and "rogue"?
Two forms of divorce
To register a divorce, the husband and wife can go to the marriage registration office to register the divorce if they reach an agreement. The couple can get together and divorce by agreement. The agreed upon content should be reflected in the divorce agreement, including but not limited to the following: expression of intention for divorce, ownership of custody rights, payment of alimony, division of property, etc.
In litigation for divorce, if the couple cannot reach an agreement, they can only go to the court to file for divorce. The court will decide whether to grant the divorce. It will also decide on issues such as custody rights, alimony payment, property division, and creditor's rights and debt ownership.
For the situation where one party in the divorce refuses to divorce, if it is really impossible to negotiate and register the divorce, then the marriage relationship between the two can only be dissolved through divorce litigation.
Can I get a divorce if one party refuses to divorce?
According to the third paragraph of the "Marriage Law of the People's Republic of China" Article 12 stipulates:
If a man or woman requests divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the people's court should conduct mediation; if the relationship has truly broken down and mediation is invalid, divorce should be granted.
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 mediate or file the case directly with the People's Court. Divorce Proceedings.
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.
In short, it is legally allowed - as long as anyone wants to dissolve the marriage, regardless of whether the other party in the marriage agrees or not, they can get a successful divorce.
What to do if one party refuses to divorce during divorce
First of all, pre-litigation mediation should be carried out. It is conducted by the Litigation Mediation Center of the People's Court, presided over by a professional people's mediator hired by the court, and will also be recorded by a clerk.
Divorce mediation mainly depends on whether the conflicts between the husband and wife are relatively small and whether they can reach an agreement. Either the husband and wife can mediate and reconcile, or they can mediate a divorce. After the mediation is completed, a mediation letter can be made on the spot. The mediation letter will be stamped by the court. The official seal has the same legal effect as the judgment.
If the couple cannot mediate, or one party insists on divorce,marriage, and the other party firmly disagrees with the divorce, then the only way to proceed is to the formal court hearing stage.
In summary, as long as one party in the marriage insists on divorce, divorce will be granted in the end, because the law gives people freedom in marriage. Marriage is free, and divorce is also free.
