Military marriage divorce issues, how to divorce military marriages

Declare that my level is limited! As far as I know, if you divorce a soldier, you need the consent of the soldier before you can divorce. All marital property is the joint property of the husband and wife, unless the two parties have written evidence to prove that the other party acknowledges that the things recorded in the materials belong to the other party, then it can not belong to the joint property of the husband and wife.

You said that you have repaid the arrears, and if there is no evidence for this part, the court will not give it. 1w is also to be divided, this house is for marriage, and I think it also belongs to the joint property of husband and wife. I recommend:

You either give him the discount of the house and 5000 yuan in 1w, and the house belongs to him, or you get the discount and 5000, and finally you can settle it in the court. Note: The vast majority of divorces will not be granted for the first time, unless there is evidence that the relationship between the parties has indeed broken down irreparably, or the other party has been seriously wrong, such as bigamy.

Divorce is usually granted for the second time.

First of all, the other party must file for divorce, and the court generally does not file for divorce, or you agree to divorce. The house depends on whose name the title deed is, distinguishing whether it is the joint property of the husband and wife or the personal property before marriage, and the part of the loan you repay after marriage is used as the joint repayment of the loan by the husband and wife, and the person who obtains the property right of the house must repay half to the other party. After marriage, the husband must provide evidence to repay the arrears, otherwise it is not clear.

The cost of the renovation is used for the renovation and for the marriage, and the person who acquires the house must return half to the other party and half to the other spouses.

In terms of divorce, article 26 of the Marriage Law of the People's Republic of China stipulates that "the spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce. The Supreme People's Court has repeatedly issued judicial interpretations on this provision, pointing out:

In a divorce case where both parties are military personnel or where one of the military personnel files for divorce, it shall first be examined and mediated by the political organ of the unit to which the party belongs, and if it is invalid, the political organ of the military unit shall submit an opinion on the disposition, and then the people's court shall hear and make a judgment. If a non-military party files for divorce, the consent of the military must be obtained; If the serviceman does not agree, and the original marriage foundation and post-marital relationship are good, and the non-military party has no important and legitimate reason, the non-military party should be persuaded to cherish the marital relationship with the serviceman, and the divorce should not be allowed through mediation or judgment; If the relationship between the husband and wife has indeed broken down, or if one of the servicemen has committed a major fault and the marriage can no longer be maintained, and the reconciliation through mediation is invalid, the ideological work shall be done to the servicemen through the political organ at or above the regimental level of the unit to which the serviceman belongs, and the divorce shall be granted through mediation or judgment.

If you have any questions, add me as a friend.

You can divide by agreement, and if the agreement fails, you can go directly to the court to sue.

Legal Analysis: In a divorce case where both parties are military personnel or if one of the military personnel files for divorce, it shall first be reviewed and mediated by the political organ of the military unit to which the parties belong, and then the political organ of the military shall put forward a disposition opinion if it is invalid, and then the people's court shall hear and make a judgment.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

1. Who can file for divorce in a military marriage.

Both spouses can file for divorce. The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce, unless one of the military personnel is seriously at fault. From this point, it can be seen that when a non-military party files for divorce, the consent of the military must be obtained, while there is no corresponding provision for a military member to file for divorce.

That is to say, in a military marriage, if one of the servicemen files for divorce, it is still handled in accordance with the procedures for ordinary divorce, without the consent of the other party.

2. Extended content.

Can Jun Yuanfan marry the woman and ask for divorce.

1. A military marriage means that one of the parties to the marriage is an active soldier, and it is not that the woman cannot file for divorce, but that after the woman files for divorce, if the military party has no obvious fault and does not agree to the divorce, the marriage is protected by law and cannot be dissolved at will.

2. The following conditions must be met for military marriage and divorce:

1) In a divorce case where both parties are military personnel or one of the military personnel files for divorce, it shall first be reviewed and mediated by the political organ of the party unit, and then the political organ of the ministry shall put forward a handling opinion if it is invalid, and then the people's court shall hear and make a judgment.

2) If a non-military party files for divorce, the consent of the military must be obtained; If a serviceman does not agree to Hail, and the original marriage foundation and post-marital relationship are good, and the non-military party has no important and legitimate reason, the non-military party should be persuaded to cherish the marital relationship with the serviceman, and the divorce should not be allowed through mediation or judgment.

3. Legal provisions on divorce from military marriages.

My husband is a soldier with a personality and a capricious temper, he often beats me over trivial matters, and despite repeated criticism and mediation from the leaders of the army and his comrades-in-arms, he still continues to beat me, and I want to escape from this terrible marriage and decide to divorce him, but he does not agree to the divorce. What should I do?

A: China stipulates that the spouse of an active military member must obtain the consent of the military if he or she requests a divorce. However, in exceptional circumstances, if one of the military members is grossly at fault, the right of the spouse to divorce is not restricted and the consent of the military member is not required.

According to the law, gross negligence refers to: (1) bigamy or cohabitation with another person, (2) domestic violence or abuse or abandonment of family members, and (3) gambling, drug abuse and other vices that are repeatedly taught. Your husband's act of domestic violence constitutes gross negligence, and therefore your right to divorce is not restricted and you can divorce without your husband's consent.

Hello, there are two ways to divorce: go to the Civil Affairs Bureau to divorce by agreement, and go to the court to file for divorce. Compared with ordinary divorces, military divorces have certain particularities, which are reflected in the examination and approval within the military and the jurisdiction of the courts.

Where both parties are active-duty military personnel, and both parties voluntarily divorce or one party requests a divorce, the leadership of the unit, or the political organ to which the parties belong, shall conduct mediation; If the mediation fails and the conditions for divorce stipulated in the Civil Code are met, the political organ shall issue a certificate before applying for divorce or filing a divorce lawsuit with the court at the marriage registration authority. Where the spouse is a local employee, and one of the servicemen requests a divorce, the leader of the political organ of the unit to which he belongs shall conduct mediation in light of the circumstances; If the conditions for divorce stipulated in the Civil Code are met, and with the consent of the other party, the political organ can issue a certificate of consent to the divorce; If one of the servicemen insists on divorce and the other party resolutely refuses to agree to the divorce, the military may apply to the other party's unit or the relevant local department for mediation. If the spouse is a local employee, and one of the spouses requests a divorce, and one of the military personnel agrees to the divorce, the political organ may issue a certificate of consent to the divorce; Where one of the servicemen does not quietly wish to divorce early, the political organs must not issue a certificate, except where it is verified by the political organs that the serviceman has truly committed major faults.

Because the military divorce procedure is different from that of ordinary people, it needs to be handled according to different circumstances, if Qiliang's situation is complicated, it is recommended to consult a professional lawyer further.

It depends. If the two parties negotiate a divorce and the military agrees, the political organ shall issue a certificate before the two parties can apply for divorce at the marriage registration office, and the marriage registration organ shall verify that the two parties are indeed voluntarily divorced and have reached a consensus on matters such as the maintenance of the children, the handling of property, and debts, and shall be registered and issued a divorce certificate.

Article 1078 of the Civil Code If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, it shall register and issue a divorce certificate. Article 1081 The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.

Beijing Tiantai Song lawyer team will answer for you:

Article 33 of the Marriage Law of the People's Republic of China stipulates: "The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce. The Supreme People's Court has repeatedly issued judicial interpretations on this provision, pointing out:

In a divorce case where both parties are military personnel or one of the military personnel files for divorce, it shall first be examined and mediated by the political organ of the unit to which the party belongs, and then the political organ of the army shall submit an opinion on the handling of the case if the fire hall is invalid, and then the people's court shall hear and make a judgment. If a non-military party files for divorce, the consent of the military must be obtained; If the serviceman does not agree, and the original marriage foundation and post-marital relationship are good, and the non-military party has no important and legitimate reason, the non-military party should be persuaded to cherish the marital relationship with the serviceman, and the divorce should not be allowed through mediation or judgment; If the husband and wife have indeed broken down, or if one of the servicemen has made a major mistake and the marriage can no longer be maintained, and the reconciliation through mediation is invalid, the military personnel shall do a good job of ideological work through the political organ at or above the regimental level of the unit to which the serviceman belongs, and the divorce shall be granted through mediation or judgment.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) makes detailed rules and regulations on "one of the military members has major faults": first, the military party is bigamy or cohabits outside of marriage with another person. Second, the military party commits domestic violence or abuses or abandons family members.

Third, if a soldier has bad habits such as gambling and drug abuse, which are completely different from ordinary shortcomings and mistakes, if he is contaminated with gambling, drug abuse, and other bad habits and refuses to change them, it will be a great misfortune for his family. Fourth, there are other major faults on the part of the military personnel.