After the cooling-off period in Ningbo, the other party will not go to the Civil Affairs Bureau? The path and key points of divorce proceedings.

After a 30-day cooling-off period, the other party suddenly went back on its word and refused to go to the Civil Affairs Bureau to get a divorce certificate. Agreed divorce has failed, what should I do next? Ningbo marriage and family lawyers explain in detail the path, conditions and practical points of divorce proceedings.

The scope of application of the 1. divorce cooling-off period.

First of all, it needs to be clear: the divorce cooling-off period only applies to agreed divorce, not to litigation divorce. According to Article 1077 of the Civil Code, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, any party who does not want to divorce may withdraw the application for divorce registration to the marriage registration authority. Within 30 days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply in person to the marriage registration office for the issuance of a divorce certificate; if they fail to apply, the application for divorce registration shall be deemed to have been withdrawn.

In other words, divorce by agreement requires two passes: the first pass is within the 30-day cooling-off period after the application is submitted, and either party can unilaterally withdraw it; the second pass is within 30 days after the expiration of the cooling-off period, both parties must work together To get a divorce certificate, overdue is deemed to be withdrawn. Therefore, if the other party does not go to the Civil Affairs Bureau after the cooling-off period, the divorce agreement has actually failed.

2. the other party regret after the choice: divorce proceedings

if the other party refuses to cooperate with the divorce registration after the cooling-off period, the only way out is to sue the court for divorce. There is no cooling-off period for divorce proceedings, and the court will decide the divorce as long as the legal conditions are met.

The divorce does not require the consent of the other party, as long as one party insists on divorce and meets the legal circumstances, the court can decide the divorce. This is the biggest advantage of litigation divorce over agreed divorce-it is not restricted by the willingness of the other party to cooperate.

The Conditions of Divorce in 3. Lawsuit and the Criteria for Determining Emotional Breakup

according to Article 1079 of the Civil Code, if one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. In handling divorce cases, the people's court shall conduct mediation; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted.

The identification criteria for emotional breakdown include: first, bigamy or cohabitation with others; second, domestic violence or abuse or abandonment of family members; third, gambling, drug abuse and other bad habits do not change; fourth, separation due to emotional discord for two years; fifth, other situations that lead to the breakdown of the relationship between husband and wife.

In addition, after the people's court has ruled that the divorce is not allowed, the two parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted. This is a very favorable rule.

The process of 4. litigation divorce

1. preparation of materials. Including complaints, identity cards and marriage certificates, children's birth certificates, property lists and related evidence, evidence of emotional breakdown, etc.

1. To file a case. Submit the prosecution materials to the basic people's court of the defendant's domicile or habitual residence.

1. Mediation. After the court will first organize mediation. Mediation is a necessary procedure, mediation will not enter the trial proceedings. If the other party agrees to divorce, the successful mediation may issue a mediation letter, which has the same effect as the judgment.

1. The court hearing. If mediation fails, the court shall arrange for a hearing. During the trial, both parties are required to express their opinions and provide evidence on issues such as divorce, child support, and property division.

1. Judgment. The court rendered its judgment on the basis of the hearing. For the first time, if the other party does not agree and there is no legal emotional breakdown, the court may rule that the divorce is not allowed.

What if the first prosecution in 5. is not sentenced to leave?

This is the biggest concern of many parties. According to the public judgment of Ningbo court (such as the divorce dispute between Yin and Guan), if there is no sufficient evidence of emotional breakdown in the first lawsuit for divorce, the court may indeed rule that divorce is not allowed. But that doesn't mean there's no way:

1. gather evidence of a broken relationship. Evidence of separation such as rental contract, water and electricity payment records, property certificates, neighbor testimony, etc. Evidence of domestic violence such as alarm records, hospital diagnosis certificates, injury photos, women's federation records, etc.; Evidence of infidelity such as chat records, photos, videos, guarantees, etc.; Evidence of bad habits such as gambling punishment records, drug rehabilitation center certificates, community certificates, etc.

1. Wait six months to sue again. After the first decision forbids divorce, the relationship between the two parties has not improved. If the plaintiff sues again six months later, the court will usually determine that the relationship has indeed broken down and decide to divorce.

1. Take advantage of the one-year separation rule. Divorce shall be granted if, after the court has ruled that divorce is not allowed, the parties have been separated for another year and one of the parties files for divorce again. It is recommended that the parties retain the evidence of separation after the first judgment.

6. Common Misunderstandings and Risk Tips

1. during the cooling-off period of the agreement divorce, there is no hope for the other party to go back on its word. In fact, divorce can be sued directly in court, and divorce proceedings are not subject to a cooling-off period.

1. The first prosecution will definitely result in a divorce. If there is no sufficient evidence of emotional breakdown and the other party does not agree, the court may rule against divorce. It is recommended to collect evidence of separation, domestic violence, infidelity and so on in advance.

1. It's better to forget it if it takes too long to divorce. The simple procedure is about 3 months, and the ordinary procedure is about 6 months. If you don't get a divorce for the first time, wait 6 months before you prosecute, the whole process may take more than 1 year. However, if the other party refuses to agree to divorce, litigation divorce is the only legal way.

Risk Warning: If the other party has expressed regret during the cooling-off period, do not continue to pester the divorce agreement, prepare the divorce materials as soon as possible, and use this time to collect evidence of emotional breakdown and property evidence. If there is a risk of property transfer, you can apply for property preservation.

7. FAQ: High frequency of divorce litigation

1. What should I do if the other party does not go to the Civil Affairs Bureau after the cooling-off period?

Agreed divorce has failed, can directly to the court to sue for divorce. There is no cooling-off period for litigation divorce, and the court will decide the divorce as long as the legal conditions are met.

2. What if the divorce court does not judge the divorce for the first time?

It can be prosecuted again six months after the sentence takes effect, and the court usually decides that the relationship has indeed broken down and decides to divorce. The rule of separation for one year may also be used. If the two parties have been separated for one year and sued again after the divorce is not allowed, the divorce shall be granted.

3. How long does it take to divorce proceedings?

The simple procedure is about 3 months, and the ordinary procedure is about 6 months. If you don't get a divorce for the first time and sue again after 6 months, the whole process may take more than one year. However, if the other party refuses to agree to divorce, litigation is the only legal way.

4. Under what circumstances will the court directly judge the divorce?

In legal circumstances such as bigamy or cohabitation with others, domestic violence, gambling and drug abuse, and separation due to emotional discord for two years, the court shall grant divorce if mediation is invalid.

Practical Experience of 8. Lawyers

the cooling-off period is only applicable to divorce by agreement. If the other party goes back on its word within 30 days or refuses to obtain the certificate after the expiration of the term, the road of divorce by agreement will not work. At this time, it is necessary to decisively turn to litigation and not to run repeatedly in the Civil Affairs Bureau. There is no cooling-off period for litigation divorce. It follows the process of filing a case, mediation, court session and judgment. The core of whether you can judge the divorce is whether the relationship has indeed broken down. Therefore, what you have to do is not to persuade the other party repeatedly, but to support this conclusion with evidence. The more the other party does not cooperate, the more it is necessary to start the procedure as soon as possible and use a timetable to force him back to the negotiating table.

The motives of the other party's disagreement are often different, and the coping methods are also different: if you want to recover, it may loosen up after a long period of time; If you are purely talking about conditions, you should put your property and support on the table. If you are bent on procrastinating, you should push it away with procedures. It is very common for the first lawsuit to be sentenced to divorce. At this time, don't be discouraged. Immediately enter and fix the separation state. Use the rule of separation for one year after the judgment takes effect to pave the way for the second lawsuit. During the separation period, the residence certificate, water and electricity payment and transaction records shall be kept, and the continuity shall not be interrupted by mid-course reconciliation.

In terms of evidence, the facts of separation, the records of emotional breakdown, property clues, and materials on upbringing should be prepared in advance. There is more room for discretion in family cases, mediation runs through the whole process, and a good negotiation opening is often faster than a hard judgment. In other words, instead of refusing to negotiate, the lawsuit adds a firm deadline to the negotiations. Think clearly about the two sets of upper and lower limits, what can be accepted and what can be allowed, so as not to be passive. Many cases are not decided in the end, but are discussed in mediation. Don't oppose negotiation and litigation.