What are the conditions for divorce to be divorced

For one party to file for divorce, Article 25 of China's "" sets the condition for divorce as "the relationship has indeed broken down, and mediation is invalid". However, this is only a very general rule and is difficult to grasp.

The "Opinions" have made a certain amount of "quantification" or concretization of the provisions of the "Marriage Law". In this way, the courts have a more consistent standard for handling divorce cases, so that they do not act solely on the judge's personal judgment. For the sake of convenience, we legal workers usually refer to it as "divorce conditions" or "divorce criteria".

These specific conditions are:

When a people's court hears a divorce case, whether or not a divorce is granted or not shall be distinguished by whether the relationship between the husband and wife has broken down. To determine whether the relationship between husband and wife has indeed broken down, a comprehensive analysis should be made from aspects such as the foundation of marriage, feelings after marriage, the reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on a divorce and the mediation fails, the divorce may be granted in accordance with the law

One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

Lack of understanding before marriage, hasty marriage, and failure to establish a relationship between husband and wife after marriage, making it difficult to live together.

Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as husband and wife and not being cured for a long time.

One party deceives the other party, or deceives the other party to obtain the "Marriage Certificate" by deception.

After the parties have registered their marriage, they have not lived together and there is no possibility of reconciliation.

Arranged or bought or sold marriages, where one party files for divorce immediately after marriage, or where a relationship between husband and wife has not been established even though they have lived together for many years.

Those who have been separated for more than one year due to emotional discord and there is no real possibility of reconciliation, or who have been separated for a full year after a people's court has ruled that divorce is not permitted, and they do not fulfill their obligations as husband and wife.

Where one party commits adultery with another person, and there is still no repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

One party bigamy and the other party files for divorce.

It is difficult for husband and wife to live together because one party has bad habits such as laziness, gambling, etc., does not fulfill family obligations, and refuses to change after repeated teachings.

One party is sentenced to long-term imprisonment in accordance with law, or their illegal or criminal conduct seriously hurts the feelings of the husband and wife.

Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, and there is no whereabouts after a public announcement.

Being abused or abandoned by the other party, or being abused by the other party's relatives, or abusing the other party's relatives, and not changing after education, and the other party does not understand.

The relationship between the husband and wife has indeed broken down due to other reasons.

Article 32 of the Marriage Law:

If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with 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 should be granted.

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

1) Bigamy or cohabitation of a person with a spouse.

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

3) Those who have bad habits such as gambling and drug abuse that they do not change.

4) Separated for two years due to emotional discord.

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

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

After the relationship, the children, the house, and the family money are half each.

1. The following conditions are required for divorce:

1) The Marriage Registry has jurisdiction;

2) The divorced spouses jointly file an application at the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which contains the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt disposal;

5) A 30-day cooling-off period must be passed.

2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

Where the 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.

2. What is the divorce prosecution procedure?

The divorce proceedings are as follows:

1. The party who wants to divorce files a divorce lawsuit with the court where the defendant is domiciled. where the defendant's domicile is inconsistent with his habitual residence, a lawsuit is to be filed in the people's court for his habitual residence;

2. The court that meets the acceptance conditions accepts and files the case;

3. After the case is filed, the court serves the complaint on the defendant, and the defendant replies within the statutory time limit;

4. The court arranges the trial;

5. The court makes a judgment.

Legal analysis: 1. Separation emphasizes the non-performance of marital obligations by the husband and wife, rather than unilateral non-performance of family obligations; 2. The reason for the separation must be the breakdown of the relationship; 3. Separated for two years due to the breakdown of the relationship, but there is no possibility of reconciliation through mediation. The above conditions must be met in order for a divorce to be granted.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 a divorce is not permitted, and the parties have been separated for another year, and one party initiates divorce proceedings again, the divorce shall be granted.

If you want to disturb the divorce, you must agree to both parties, and then bring the household registration book of both parties and the ID cards of both parties to the Civil Affairs Bureau, and then you can get married again.