In recent years, divorce rate of the city is higher and higher, develop especially city, party cannot when the agreement divorces, the way that will divorce through lawsuit undertakes.
The netizen seeks advice:
Encounter domestic force can divorce? How to prove the family is violent? What does evidence have? My friend and her husband marry fast 2 years, not long ago her husband deal had a deficit many money often get angry, have many times see have on my friend body, her husband is hit, this belongs to domestic force! She wanted to divorce now, what still can prove the family is violent?
(Home 1) is cruel can pass call the police, get call the police the evidence such as appraisal of record, the condition of an injury
(2) spouse has a cruel state, can sue a divorce, after the court passes cognizance, feeling of basis husband and wife whether already burst, will adjudicate whether allow divorces.
If evidence is insufficient, sue a divorce for the first time, the court decision allows the possibility of the divorce is not large, especially below the circumstance that the other side does not agree with to divorce, the likelihood needs lawsuit 2 times to realize a divorce. Call the police to the proposal of a cruel case is passed accordingly, seek the way such as the witness, collect mentions after relevant evidence divorce suit.
Xiao Lijun's lawyer is analytic:
The period of validity that the divorce sues
1, during the woman is pregnant, after childbirth inside a year or inside 6 months after break down is gravid, the man must not put forward to divorce.
2, because of what threatening marriage, suffer threatening one party to be able to register mechanism or cancel of people court request to marriage this marriage, this request ought to marry oneself since the day that register put forward inside a year; Be restricted what the party of person freedom requests cancel marriage illegally, ought to rise from the day that resumes person freedom put forward inside year. Above place sets " a year " break down of effectiveness for a given period of time of not applicable lawsuit, interrupt or prolate regulation.
3, just serve as accuser to mention to people court without fault damages requests, must be in divorce suit while put forward; Just regard the divorce of the accused as contentious case without fault, if the accused does not agree to divorce to also do not mention,damages requests, can be in after the divorce inside a year at this point separate to lodge a complaint; Just regard the divorce of the accused as contentious case without fault, the accused when first instance did not put forward damages request, put forward during 2 careful, people court ought to undertake intercessory, when mediation won'ts do, inform party to be after the divorce sue separately inside year.
4, when the divorce, one party is concealed, move, sell off, damage husband and wife is collective belongings, or those who forge belongings of other one party of debt purpose embezzlement, break up husband and wife when common property, can be divided to having the one party of afore-mentioned behavior or do not divide; After the divorce, other one party discovers afore-mentioned act, can to people court to lodge a complaint, the request breaks up husband and wife again common property. Party request breaks up husband and wife again the litigant effectiveness for a given period of time of common property is two years, the day that discovers from party rises consideration.
The court decision forbids to divorce and mediate the divorce case of become reconciled, without new case, new ground, accuser sues again inside 6 months, do not grant to accept; The accused sues, do not accept this deadline restriction.
