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Anonymous users2024-02-07Article 32: Where a man and a woman request a divorce, the relevant departments 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 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.
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Anonymous users2024-02-061) The legal reference for the judgment of divorce is based on the reasons for the infiltration.
1.Mediation is ineffective. This is a procedural condition. When a people's court hears a divorce case, it should first conduct mediation. Mediation is a mandatory procedure.
2.Relationships have indeed broken down. This is a substantive condition and is the only legal ground for a divorce.
The Marriage Act sets out specific criteria for determining that a relationship has indeed broken down. Article 32, paragraph 3, of the Marriage Law stipulates: "In any of the following circumstances, if mediation fails, a divorce shall be granted:
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 have repeatedly refused; (4) Those who 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. Article 32, paragraph 4, states: "If one of the parties is declared missing and the other party initiates divorce proceedings, the divorce shall be granted."
2) Two restrictions on divorce by litigation.
1.Restrictions on divorce requests from spouses of active-duty military personnel. Article 33 of the Law on Marriage and Marriage stipulates that if the spouse of a serviceman on active duty requests a divorce, the consent of the serviceman must be obtained, unless one of the servicemen is seriously at fault.
2.Restrictions on the husband's request for divorce. Article 34 of the Marriage Act stipulates that a man may not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy.
Where the woman files for divorce and it is truly necessary for the people's court to accept the husband's request for divorce, this limitation is not applied.
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Anonymous users2024-02-05Several Specific Opinions on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases".
To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, 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 seeking a divorce at a loss, and the mediation fails, a judgment may be made to grant the divorce in accordance with the law.
1. 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 **.
2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.
3. 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 of the spouses suffering from mental illness during the period of living together and not being cured for a long time.
4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.
5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.
6 Arranged marriages, buying or selling marriages, filing for divorce immediately after marriage, or living together for many years, but not establishing a relationship between husband and wife.
7. Those who have been separated for two years due to emotional discord and there is no possibility of reconciliation, or who have been separated for one year after the people's court has ruled that divorce is not permitted, and they do not perform their obligations as husband and wife.
8 Where one party commits adultery or cohabits with another person, and there is no sign of 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.
9 Where one party has bigamy and the other party files for divorce.
10. One party has bad habits such as drug addiction and gambling, and does not fulfill family obligations, and repeatedly refuses to change the situation, making it difficult for the husband and wife to live together.
11. One party is sentenced to a long term of imprisonment in accordance with the law, or his or her violation of the law or criminal act seriously hurts the feelings of the husband and wife.
12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.
13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.
14. One party has committed domestic violence.
15 The relationship between husband and wife has broken down due to other reasons.
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Anonymous users2024-02-04Legal Analysis: The grounds for granting a divorce are: (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.
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 1,000 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) 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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment on the precedent provisions.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087: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.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-031. If domestic violence is involved, a forensic medical examination should be submitted and witnesses should be presented;
2. If drug abuse or gambling is involved, a certificate issued by the neighborhood committee, village committee or public security organ shall be submitted; If it involves administrative punishment or criminal offenses, it shall submit a penalty decision or judgment of Zhanyanguan;
3. If there is bigamy or a spouse cohabiting with another person, the marriage disturbance certificate, the child's birth certificate, residence certificate, photo or certificate issued by the neighborhood committee, village committee, and public security organ shall be submitted. In the event of divorce due to bigamy, cohabitation of a spouse with another person, domestic violence, or abuse and abandonment of a family member, the innocent party has the right to claim damages.
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Anonymous users2024-02-02Go and consult the court, everyone's understanding is different!
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Anonymous users2024-02-01Targeted answers:
Article 32 of the Marriage Law: If a man or a woman requests a divorce, the relevant department 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 breaks 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) 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 of the defendants disappears and the other party files a divorce lawsuit, the divorce shall be granted.
Hope it helps!
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Anonymous users2024-01-31The law stipulates that in any of the following circumstances, if mediation fails, a divorce shall 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.
Proof 2 can be considered a very straightforward proof. The most interesting thing is that if we flip the right triangle in the diagram and put it together in Figure 3 below, we can still use a similar method to prove the Pythagorean theorem.
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