1. One-sided divorce proceedings
It's just a simple request! Many people still think so! But in real circumstances, it is not easy to understand how to draft such a petition correctly. This is especially true when writing a petition with emotional instability as part of the “divorce” experience. We will help you overcome this obstacle. Let's review the instructions for preparing a divorce petition and the latest 2022 divorce application form.
Divorce is a surprise to anyone but it is inevitable in many situations and cases. If you are planning to end your marriage, you also need to equip yourself with basic knowledge to complete the related procedures.
2. Learn the general basic process to complete divorce proceedings
Basic divorce procedures include the following steps:
Step 1: Prepare a lawsuit and submit it to the relevant district/provincial People's Court.
Step 2: After filing the lawsuit, the court will review the file and issue a notice of advance court fees. It takes 7-14 business days.
Step 3: Pay the court fee advance to the relevant civil judgment enforcement agency (district level)/civil judgment enforcement department (provincial level). Step 4: Submit the advance payment receipt to the court reception officer.
Step 5: Within the next 18 working days, the court will begin the mediation session.
Step 6: Within 7 working days from unsuccessful mediation, the court will issue a decision to recognize the divorce if no party has a different opinion.
3. What types of divorce are there?
There are two types of divorce. Depending on the type chosen, there are different ways to resolve divorce cases.
Divorce by mutual consent: Husband and wife agree and consent to divorce, also known as divorce by consent or voluntary divorce. Unilateral divorce: One spouse insists on divorce but the other does not agree to divorce, also known as unilateral divorce or divorce at the request of one party. Because the nature of these two types is completely different, the divorce form for each type is also different: Unilateral divorce form and unilateral divorce by mutual consent.
Q&A
Question 1: What is meant by "one-sided" or unilateral divorce proceedings?
Answer 1: "One-sided" or unilateral divorce proceedings refer to a situation in which one spouse initiates the divorce without the consent or agreement of the other spouse. In such cases, the filing spouse seeks to end the marriage independently, and the other spouse may or may not contest the divorce.
Question 2: What are the common reasons for one spouse to initiate unilateral divorce proceedings?
Answer 2: Common reasons for one spouse to initiate unilateral divorce proceedings include:
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Irreconcilable Differences: When the spouses no longer wish to remain married due to ongoing conflicts or differences that cannot be resolved.
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Adultery or Infidelity: If one spouse discovers that the other has committed adultery, it can be grounds for seeking a unilateral divorce.
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Abandonment: When one spouse has abandoned the marriage, leaving the other with no alternative but to seek divorce.
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Domestic Violence or Abuse: Instances of physical, emotional, or psychological abuse can lead to one spouse seeking divorce for safety reasons.
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Substance Abuse or Addiction: When one spouse's substance abuse or addiction issues create an untenable environment within the marriage.
Question 3: How does the process of one-sided divorce proceedings typically unfold?
Answer 3: The process of one-sided divorce proceedings typically unfolds as follows:
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Filing the Divorce Petition: The initiating spouse files a divorce petition or complaint with the court, specifying the grounds for divorce and their desired outcomes, such as child custody and property division.
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Service of Divorce Papers: The divorce papers are served to the other spouse, adhering to legal service requirements. The served spouse has an opportunity to respond to the petition.
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Response or Contestation: The served spouse may choose to respond to the divorce petition either by agreeing to the divorce (uncontested) or contesting it, disputing specific terms or requesting modifications.
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Negotiation or Court Proceedings: If disputes arise, negotiation or court hearings may be necessary to resolve issues related to child custody, property division, and support.
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Final Decree: Once all issues are resolved or adjudicated, the court issues a final divorce decree, officially ending the marriage.
Question 4: Can one-sided divorce proceedings be challenged by the other spouse?
Answer 4: Yes, one-sided divorce proceedings can be challenged by the other spouse. If the served spouse chooses to contest the divorce, they have the opportunity to present their case in court and dispute specific terms of the divorce, such as child custody, visitation, property division, or support. The court will consider both parties' arguments and evidence before making a final decision. It's advisable for both spouses to seek legal representation to protect their interests during contested divorce proceedings.
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