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You can get a divorce, but you have to be her guardian. If you don't believe it, you can consult a law firm.
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You can only go to court to sue for divorce.
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In the case of divorce, 50% of the property is shared by each person, and if you have evidence that he has had an extramarital affair, you can apply for more division of the marital property. If the other party has no extramarital affair and you have to ask for more than 50% of the marital property, it is best to negotiate with your spouse, and it is best not to go to court, this is the best way However, for the relationship, I still recommend that you keep it, after all, a day husband and wife are 100 days, so cherish it!
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I am a lawyer, and as you mentioned, if he insists on divorce, even if the first judgment does not allow the divorce, and he sues again after one year, he will still grant a divorce. If you feel that there is no possibility of reconciliation, it is better to let go.
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If you are not negligent and do not want to leave, the court will not grant you a divorce, and after half a year, the court will divorce him if he proposes to leave. As for the damages, it is not that you will be given as much as you want, and the court will balance it in many aspects.
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If you can get a divorce, you only need to provide the relevant certificate from the hospital.
Article 32 of the Marriage Law.
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.
The fifth item mainly refers to: one party is investigated for criminal responsibility, seriously hurting the feelings of the husband and wife; Suffering from a medical illness that is medically deemed unfit for marriage after marriage; concealing mental illness before marriage and not being cured after marriage, or marrying one of the spouses who knew of mental illness before marriage, or one of the spouses suffering from mental illness during their life together for a long time; One party has a physical defect or is unable to have sex for other reasons.
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If the woman is still unconscious and unable to recognize her actions, the man cannot divorce because the woman has no sense of autonomy and cannot express her true intentions.
Only when she is conscious is she fully capable of acting. Only then can the relevant procedures for divorce be handled.
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Legal Analysis: Legal Provisions for Divorce:
1. Divorce by mutual agreement must be voluntary of both parties;
2. A divorce agreement must be signed for divorce by agreement;
3. Divorce by agreement needs to deal with issues such as child support and property division;
4. Divorce by litigation requires the breakdown of the relationship between the 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 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.
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China's marriage law is based on the principle of freedom of marriage, as long as the husband and wife agree to divorce, then they can first go to the civil affairs bureau to register the divorce, and then go to the civil affairs bureau to go through the divorce procedures after one month.
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What does the Marriage Law stipulate on divorce, if both the man and the woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
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.
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I want a divorce, my child is only born, can you give it to me.
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I really don't understand that people nowadays are crying and making trouble about getting married, just getting married, and they are getting divorced, which is very ignorant.
Legal analysis: The Civil Code adds a new circumstance that if one party intentionally squanders the joint property of the husband and wife, the court may order one party to divide less or no share of the property, and at the same time add the situation that if one party has a serious illness and the other party is unwilling to pay the medical expenses, the court may divide less or not divide the joint property. >>>More
Based on the legislative spirit of the Marriage Law and relevant legal knowledge, combined with the specific practice of judicial and legal application, and in accordance with the structure and system of the Marriage Law, covering a series of major contents stipulated in the law, the parties and specific circumstances in the case are processed, refined, condensed and the necessary technical treatment, and then some questions are raised to explain the relevant knowledge of the Marriage Law in a targeted manner.
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Japanese people can't find a wife, and your friend still wants to go to Japan to find a wife, so I think it's better to give up.
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