Disability Divorce Act, New Marriage Act for Disabled Persons Divorce

I can definitely get a divorce, why can't he get a divorce if he's disabled, and sue for it.

Legal analysis: 1. If a disabled person voluntarily divorces and both parties agree to the divorce, it is sufficient to go to the marriage registration authority to register the divorce; 2. If the disabled person does not agree to the divorce, the other party may sue for divorce. 3. If a divorce is granted, the court will give due consideration to the disabled party in the division of joint property.

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, Cha Wei Lao shall grant a divorce. 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 the husband and his 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 to be lost, and the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorce for people with disabilities is the same as divorce for ordinary people, and there are no special provisions. Where one party is in difficulty, they may request assistance from the other party. If one party files for divorce and the other party agrees, both parties may negotiate a settlement, sign a divorce agreement, and then go to the marriage registration department to go through the divorce formalities together, without going to the court to file a lawsuit.

If one party files for divorce and the other party does not agree, the party filing for divorce may file a lawsuit with the people's court in accordance with the law to request a divorce. In addition, the law has a special provision that a man may not file for divorce when the woman is pregnant, within one year after childbirth or within six months after the termination of pregnancy.

This restriction does not apply to the case where the woman files for divorce, or where the people's court deems it necessary to accept the husband's request for divorce.

Legal basisArticle 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent residence to complete the divorce registration.

There is currently no legal provision for divorce for persons with disabilities. In general, the disability will consider the parties' ability to earn a living in the division of joint property. According to Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

Article 1090 stipulates that in the event of a divorce, if one of the spouses is in difficulty, the other spouse who can afford it shall provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the confiscated children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.