How to meet the conditions for divorce

There are two types of divorce, divorce by agreement and divorce by litigation.

Legal analysis: The conditions that need to be met for divorce are: 1. Both parties have a legal and valid marital relationship; 2. After the parties reach a consensus through consultation and sign the divorce agreement, apply for divorce registration at the marriage registration authority; 3. In litigation divorce, it can be determined that the relationship between the husband and wife has broken down and the mediation is ineffective.

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.

Those who meet the requirements for divorce are: 1. Both men and women divorce voluntarily; 2. Bigamy or cohabitation of a spouse with another person; 3. Committing domestic violence or abusing or abandoning family members; 4. Those who have bad habits such as gambling and drug abuse that they have repeatedly taught; 5. Separated for two years due to emotional discord; 6. Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing while talking with a sedan chair, and the other party files a divorce lawsuit, the divorce shall be granted.

Article 1079 of the Civil Code Where one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. When the people's court hears a divorce case, it shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

The most important point of divorce is that two people must agree, only if both parties agree to divorce, if one party does not agree, then it is very difficult to get a divorce, you must sue, and it will take a very long time.