Ask what circumstances you can t get a divorce and what circumstances you can t get a divorce

Legal analysis: under what circumstances can not be divorced: (1) one of the husband and wife does not agree to dissolve the marriage relationship (2) the husband and wife are willing to agree on divorce, but cannot reach an agreement on the maintenance of children and the division of property (3) both parties have registered their marriage abroad or in Hong Kong, Macao and Taiwan (4) both parties have not registered their marriage at all (5) one of the parties is a mentally ill person and has been diagnosed by the hospital as incapable of civil conduct.

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

Legal Analysis: If the spouse of an active-duty serviceman requests a divorce, the consent of the serviceman shall be obtained, unless one of the servicemen is seriously at fault. The man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Legal basis: Article 1081 of the Civil Code of the People's Republic of China The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults. Article 1082:The man must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

A divorce cannot be granted if the woman is pregnant.

The circumstances under which a divorce cannot be granted are as follows:

1. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

2. If the two parties file for divorce, if the court believes that the relationship between the two parties has not broken down, the divorce will generally not be awarded.

The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.

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.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal basisArticle 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

(1) The grounds for prosecution in the divorce complaint are insufficient, there is no statutory reason for divorce and there is no evidence to prove that the relationship between the husband and wife has broken down, and the court does not grant a divorce; (2) Where a military spouse requests a divorce, but the military does not agree, the court does not grant a divorce; (3) If the woman is pregnant or breastfeeding and the man files for divorce, the court shall not grant the divorce. (4) The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

Legal analysis

If the man files for divorce at this time, on the one hand, it will definitely bring a greater mental blow to the woman, affect the physical and mental health of the woman and the development of her children, and at the same time will also make the woman face a serious economic crisis, which will increase the pressure on the woman. Therefore, the above provisions of the law are a more humane treatment and a special protection for women and children. However, during this period, if the people's court deems it necessary or if the woman files for divorce, this limitation does not apply.

In divorce cases where a judgment does not allow divorce and mediation is reconciled, and where the plaintiff withdraws the lawsuit or handles it as withdrawn, and there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it is not to be accepted. Some couples propose it on the spur of the moment, so after the court review, it is found that the relationship between the two parties has not broken down, and the two parties have gone through a cooling-off period, and then carefully think about the marital issue, stipulating that they cannot sue again within six months is actually to give both parties this time to consider, so it is natural that they cannot file for divorce during this period. The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce, unless one of the military personnel is seriously at fault.

Taking into account the special tasks undertaken by the military and the characteristics of the profession of military personnel, the law has made some special legal protections for military marriages. The military personnel referred to here mainly refer to the active military personnel, and if the military personnel themselves agree or have committed a major mistake, then the other party can still ask for a divorce.

Legal basis

Article 1082 of the Civil Code of the People's Republic of China A man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Article 1081 The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.

1.If one of the spouses has a serious illness after marriage, the other spouse may not file for divorce. 2.

If the wife of an active military member wants to divorce, she must obtain the consent of the active duty soldier, otherwise it is forbidden to file for divorce. 3.During the woman's pregnancy, the man may not file for divorce [except where the woman consents to the divorce].

I think that a husband and wife cannot divorce if they have a baby, because they have the responsibility to give their children a complete home for the sake of their children, and they cannot divorce.

Divorce by mutual agreement cannot be dissolved under the following circumstances: (1) One of the spouses does not agree to dissolve the marriage. (2) The husband and wife are willing to divorce by agreement, but cannot reach an agreement on the maintenance of children and the division of property.

3) The parties have registered their marriage abroad or in Hong Kong, Macao or Taiwan.

If one of the spouses does not agree to the divorce, and if one of the spouses suffers from an illness and needs to be taken care of, these circumstances are not divorceable.

When one party has a wide range of diseases, or the woman is pregnant or breastfeeding, she cannot divorce.

, say 1The husband may not file for divorce during the period after the woman's marriage, within one year after childbirth, or within six months of the termination of pregnancy. 2.

In divorce cases where a judgment does not allow divorce and mediation is reconciled, and the plaintiff withdraws the lawsuit or handles it as a divorce case, there are no new circumstances or new reasons. 3.The spouse of an active-duty military member files for divorce, and the military member does not agree and the military member is not at fault.