The consequences of running away from home without a divorce

If the parties leave the family during the marriage, and their behavior is suspected of abandoning family members, if the parties later divorce, then the other party may file for divorce damages. If a child runs away from home and does not take care of the child, it constitutes the crime of abandonment and needs to bear legal responsibility.

Legal basis] According to Article 46 of the Marriage Law of the People's Republic of China: If any of the following circumstances leads to divorce, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

According to article 261 of the Criminal Law of the People's Republic of China, a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

It is not illegal to run away from home without a divorce, and the act of running away from home can be regarded as living separately between husband and wife.

According to Article 32 of the Marriage Act:

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, the divorce shall be granted; bigamy or cohabitation of a spouse; committing domestic violence or abusing or abandoning family members; Those who have bad habits such as gambling and drug abuse that they have repeatedly taught and do not change; Those who have been separated for two years due to emotional discord; Other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

In real life, only if one of the husband and wife runs away from home, the act of running away from home can be regarded as living separately between the husband and wife, but whether the divorce is granted should also be judged whether the reason for running away from home is not the discord between the husband and wife.

In the case of running away from home without divorce, and the whereabouts have been unknown for two years, the interested party may apply to the people's court to declare the natural person a missing person. After the declaration of disappearance, the marriage relationship will be terminated and the two will be divorced; It will also result in the abandonment of family members, committing the crime of abandonment, and punishing fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Legal basis. Civil Code of the People's Republic of China

Article 40: Where a natural person's whereabouts have been unknown for two years, interested parties may apply to the people's court to declare that the natural person a missing person.

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, 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

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 261 of the Criminal Law of the People's Republic of China.

Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.

Running away from home without a divorce can lead to the following two situations: first, if the parties leave during the marriage, their actions are suspected of abandoning family members, and if the parties later divorce, then the other party can file for divorce damages. Second, if the parties have children, if the parties ignore the children and do not fulfill their obligation to support the children after running away from home, then their actions may be suspected of the crime of abandonment.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China: Whoever refuses to support a person who is old, young, sick, or otherwise incapable of independent living, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

Article 1091 of the Civil Code of the People's Republic of China: In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

The consequences of running away from home without a divorce are as follows:

1. If the parties leave during the marriage and their behavior is suspected of abandoning family members, if the parties divorce later, then the other party can file for divorce damages;

2. If both parties have children, if the parties ignore the children and do not fulfill their obligations to support the children after running away from home, then their actions may be suspected of the crime of abandonment and need to bear legal responsibility.

Civil Code of the People's Republic of China

Article 1091.

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. Article 1092.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Consequences of running away from home without divorce: if the act is suspected of abandoning a family member, if the parties divorce later, then the other party can file for divorce damages. Divorce damages refer to the legal system in which the marital relationship breaks down due to the gross fault of one of the spouses and causes losses to the innocent party, resulting in the breakdown of the marital relationship, and the at-fault spouse bears civil liability for the material and moral damage suffered by the innocent spouse in the event of divorce.

Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to a divorced marriage, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; (4) Ill-treating or abandoning family members; 5) There are other major faults.

Summary. Dear, good evening, if you run away from home if you don't get divorced, it will generally exacerbate the personal conflict between the couple and make the marriage that could have continued to disintegrate, if, so it is not recommended to do so.

Dear, good evening, if you leave home and leave home if you don't get divorced, it will generally add to the personal contradictions between the couple and make the marriage that could have been continued in the state disintegrate, if, so it is not recommended to do this.

It was originally a quarrel at the head of the bed and a matter at the end of the bed, but it became irreconcilable because of running away from home, and even made the relationship between the mother's family and the mother-in-law's family become bad, and even some girls did not go home for several years, and lived with other people outside the scum, and even got married, committing the crime of heavy nuclear marriage. Leaks.