My first divorce case

Loving others as human beings is perhaps the hardest and most important thing to give us.

Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between husband and wife by agreement or litigation. According to the provisions of the Marriage Law, if the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted, and the husband and wife's "feelings have indeed broken down" is a statutory condition for the judgment of divorce.

The cause of action in this case seems to be very simple, that is, the plaintiff feels that the relationship between the two people has reached the point of non-divorce and cannot continue. The couple has been married for nearly thirty years, has two sons, both are married and have children, and have a good relationship with their parents, especially with their mother.

I am the plaintiff's representative, and after accepting the acceptance, I realized through my understanding that things are not as simple as it seems. The reason for the plaintiff's divorce was that the defendant suspected that the plaintiff was having an affair. How to say it, the defendant is a small man, often because of some nonsense things to suspect the plaintiff. The plaintiff is a clerk in the workshop, and the defendant suspects that the plaintiff and the workshop director have an affair, for example: once the workshop director went to the home to find the plaintiff because there were workshop workers who wanted to issue a certificate, and the plaintiff moved the ashtray when the director smoked, that is, moved the ashtray to the director, and that was it. The defendant said, "He is a big man, where the ashtray is not enough, and he uses you to get it to him." The list goes on and on. The most critical point, and the most unacceptable thing for the plaintiff, is that since knowing that the plaintiff proposed to divorce him, the defendant has used countless times and frequently", "Now that there is no divorce, I am still your husband, I must let me do the husband and wife thing" and threaten the plaintiff, so that the plaintiff did not dare to go home for a while.

Through visits and understanding, the emotional foundation of the plaintiff and the defendant is still good, not to mention that after so many years of marriage, it is far from reaching the point where "the feelings have indeed broken". My tendency is not to divorce and to make a decision based on the defendant's performance.

After the court held the trial, after the out-of-court settlement and in-court mediation procedures, the plaintiff and the defendant did not reach an agreement, and after entering the court trial, the court investigated, debated, and finally reached the statement stage, and the plaintiff and the defendant had a big improvement. The plaintiffs also no longer insist on filing for divorce. Taking into account the peculiarities of the divorce case, the court did not pronounce a verdict in this case. Two months later, the plaintiff, the defendant and their representatives appeared in court again, and the court rendered a judgment that the feelings of the plaintiff and the defendant had not broken down and that they would not divorce. There was no objection between the plaintiff and the defendant. The case thus concludes.

The Civil Code of the People's Republic of China, which came into effect on 1 January 2021, adds a "cooling-off period for divorce" to the provisions on divorce. In order to implement this system, the Ministry of Civil Affairs has adjusted the marriage registration procedure and added a cooling-off period to the divorce procedure, with a statute of limitations of 30 days. From this point of view, I believe that the divorce rate in our country, which has been rising for fifteen consecutive years, will certainly decline. Therefore, this system is in line with the will of the people!