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How long does it take for one party to sue for divorce and the other party not to leave
Time:2025-09-01 Views:1258
1
This requires a public summons and judgment, which will take a relatively long time, about one year.
The situation where one spouse requests divorce and the other spouse does not agree to it:
Generally, if one spouse requests a divorce and the other strongly disagrees, the court will not rule on divorce unless there is no abuse, abandonment, serious domestic violence, cohabitation or bigamy between one spouse and others. General physical abuse, adultery, and even prostitution may not necessarily dissolve the marital relationship in the first divorce lawsuit. At this point, filing an appeal does not have much significance, and the second instance court basically upholds the judgment of the first instance court. And it takes several months to file an appeal and reach an appeal judgment, which is unfavorable for the party who is eager for divorce.
So if one party does not agree to divorce, it usually needs to go through two lawsuits, that is, after the first divorce lawsuit ruled not to divorce, a second divorce can be filed 6 months after the judgment takes effect. If the divorce is filed for the same reasons and facts within 6 months, the court will not accept it. The second time a lawsuit is filed for divorce, the court will generally rule for divorce. If there are no events such as announcement delivery, the entire process will take one year.
II
If one party does not agree to divorce, the other party can directly sue for divorce in court. Whether to divorce depends on whether the marital relationship between the two parties has broken down. If it has broken down, the court will rule on divorce according to law.
Article 1079 of the Civil Code: If one spouse requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
The people's court shall conduct mediation in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
If mediation is ineffective under any of the following circumstances, divorce shall be granted:
（1） Bigamy or cohabitation with others;
（2） Engaging in domestic violence, abuse, or abandonment of family members;
（3） Having bad habits such as gambling and drug abuse that persist despite repeated warnings;
（4） Separated for two years due to emotional discord;
（5） Other situations that lead to the breakdown of marital relationships.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
If one party files a divorce lawsuit again after the people's court has ruled against divorce and both parties have been separated for one year, the divorce shall be granted.
III
Generally, if one spouse requests a divorce and the other strongly disagrees, the court will not rule on divorce unless there is no abuse, abandonment, serious domestic violence, cohabitation or bigamy between one spouse and others. General physical abuse, adultery, and even prostitution may not necessarily dissolve the marital relationship in the first divorce lawsuit. At this point, filing an appeal does not have much significance, and the second instance court basically upholds the judgment of the first instance court. And it takes several months to file an appeal and reach an appeal judgment, which is unfavorable for the party who is eager for divorce. So if one party does not agree to divorce, it usually needs to go through two lawsuits, that is, after the first divorce lawsuit ruled not to divorce, a second divorce can be filed 6 months after the judgment takes effect. If the divorce is filed for the same reasons and facts within 6 months, the court will not accept it. The second time a lawsuit is filed for divorce, the court will generally rule for divorce. If there are no events such as announcement delivery, the entire process will take one year.
In summary, it can be concluded that the situation where one party sues for divorce and the other party does not leave cannot guarantee a divorce judgment. The trial process usually takes three months, and can be extended in case of special circumstances. The above is a detailed introduction by the editor of Fanneng Law Firm on the relevant knowledge of how long it takes for one party to sue for divorce and the other party not to divorce to be judged. If you have any other legal questions, please feel free to consult Fanneng Law Firm, and we will have professional lawyers to answer your questions. Sichuan Faneng Law Firm is dedicated to serving you.