My man goes to jail, can I file for divorce

Yes, as long as certain conditions are met, you can sue for divorce; 1. What are the grounds for suing for divorce?

1) bigamy or cohabitation with another person who has 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) If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

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

7) Lack of understanding before marriage, hasty marriage, failure to establish husband and wife relationship after marriage, and difficulty in living together.

8) 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, which cannot be cured for a long time.

9) One party deceives the other party, or deceives the other party in marriage registration to obtain the "Marriage Certificate".

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

11) Arranged or bought marriage, where one party files for divorce immediately after the marriage, or has lived together for many years, but has not established a relationship between husband and wife.

OK. According to the provisions of the Marriage Law, divorce can take two forms: divorce by agreement and divorce by lawsuit.

Divorce by mutual agreement means that the husband and wife reach an agreement on the divorce decision, child support, property distribution, etc., sign a divorce agreement, and go through the divorce procedures at the Civil Affairs Bureau.

Filing for divorce refers to the husband and wife filing a civil lawsuit with the local district and county-level court, asking the court to make a judgment on divorce, child support, property distribution, etc.

Divorce can be initiated, but imprisonment does not necessarily constitute a breakdown of the relationship between the husband and wife, and it does not necessarily lead to separation. Unless there is a high probability of long-term imprisonment.

A person in prison can get a divorce, which is the same as a general divorce, two ways, one is divorce by agreement, the two parties discuss it, and then the free party goes to the prison to sign the divorce agreement, and the civil affairs department goes to the prison to register the two people. Another way is to divorce by litigation, where the imprisoned party can submit the indictment to the prison and transfer it to the court, and the free party can file a lawsuit with the court where he or she is domiciled.

What should I do if a man goes to jail and get a divorce?

Legal Analysis: Yes. A complaint may be filed with the court, which will serve it on the party serving the sentence and ask him to sign it.

If the party serving the sentence does not agree to sign, the court may also arrange a time for the trial to be heard at the place where the party serving the sentence is serving the sentence. In the end, the court will make a judgment based on whether the relationship between the husband and wife has broken down.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 23: The following provisions on civil litigation are to be in the jurisdiction of the people's court for the plaintiff's domicile; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court at the plaintiff's habitual residence has jurisdiction: lawsuits against persons undergoing re-education through labor and lawsuits against imprisoned persons.

1. Can a woman file for divorce if a man is in prison?

1. The man is in prison and the woman can file for divorce.

1) If the husband agrees to the divorce, it is a divorce by agreement; Both parties may submit a request to the public security organ to arrange for divorce formalities to be handled at the marriage registration authority.

2) If the man does not agree to the divorce and the woman believes that the relationship between the husband and wife has indeed broken down, she may file a divorce lawsuit with the people's court. While the husband is serving a prison sentence, the woman can file a lawsuit for divorce with the people's court, and the court will generally grant a divorce.

2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations 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. Hollow it out.

2. What is the procedure for divorce by mutual agreement?

The procedure for divorce by mutual agreement is as follows:

1. The husband and wife negotiate matters such as child support, property and debt disposal;

2. Sign the divorce agreement;

3. Both parties jointly go to the marriage registration authority where one of the parties has permanent residence to register for divorce;

4. After a 30-day cooling-off period, both parties personally travel to the marriage registration authority to apply for a divorce certificate, and divorce by agreement is the most cost-effective and convenient divorce method for the liquid family.