Can one of the spouses file for divorce if he or she is disabled?

Updated on society 2024-03-20
27 answers
  1. Anonymous users2024-02-07

    This can be filed for divorce, and now marriage is free, but when dividing property, it will be given to the disabled.

  2. Anonymous users2024-02-06

    One of the spouses is disabled. In general, it is possible to file for divorce, but if it is due to disability after marriage and it is not possible to take care of oneself. A sound party cannot file for divorce. Divorce is possible unless the disabled person himself files for divorce.

  3. Anonymous users2024-02-05

    Can be proposed. Freedom to marry. The lives of people with disabilities should be considered when divorcing.

  4. Anonymous users2024-02-04

    If one of the spouses is disabled, they can also file for divorce, marriage is free, and divorce has nothing to do with the disabled, but it will be biased in favor of the disabled party in the distribution of property.

  5. Anonymous users2024-02-03

    First of all, your problem is not comprehensive enough, and it is treated in two situations, the first one: if it is only because of the disability of one of the spouses after marriage, and you want to file for divorce, then the relevant procedures for divorce are no different from those of normal people, and both parties agree to divorce at the marriage registry office, and if one party does not agree, they will sue the court for divorce, but they must also meet the circumstances of divorce under Article 1079 of the Civil Code, otherwise, you will also waste time to sue. The second:

    If one of the parties marries you because he or she conceals his or her disability, and the disability meets the requirements of Article 1053 of the Civil Code for concealing a major illness (more specifically infectious diseases, reproductive diseases, etc.), he or she can sue the court for divorce.

  6. Anonymous users2024-02-02

    If one of the spouses is disabled, he or she may file for divorce, but the distribution of property will be biased in favor of the disabled, and financial compensation will be given to the disabled spouse.

  7. Anonymous users2024-02-01

    If one of the spouses is disabled, he or she may file for divorce, and the law stipulates that divorce may not be granted except for neurological disorders.

  8. Anonymous users2024-01-31

    Disabled people can get married, then they can also be divorced, marriage and divorce in our country is voluntary, if one party is disabled for some reason after marriage, and the other party files for divorce, this is not allowed by law and morality!

  9. Anonymous users2024-01-30

    The law does not stipulate that disabled persons cannot get married, nor does it stipulate that disabled persons cannot divorce, but the law stipulates that if a husband and wife divorce, if one party is disabled and cannot take care of himself, that is, he has no ability to take care of himself, divorce is not allowed, and it depends on the physical condition of the other party.

  10. Anonymous users2024-01-29

    Of course, anyone can be supported as long as they file for divorce, as long as they are parties to the divorce, there is no restriction on it.

  11. Anonymous users2024-01-28

    Of course, it is possible to get a divorce, and marriage is free, so there is no law that says that you cannot divorce if you have a disability.

  12. Anonymous users2024-01-27

    If one of the spouses is passing, can it be divorced? Because he was disabled, he couldn't eat or drink. Therefore, the law stipulates that it is a disability and cannot file for divorce. Someone needs to take care of it.

  13. Anonymous users2024-01-26

    The problem is that the law does not prohibit divorce for persons with disabilities, and if there is a valid reason for this, one of the spouses can file for divorce if there is a valid reason for it.

  14. Anonymous users2024-01-25

    Whether one of the spouses is disabled or not can file for divorce depends on whether it is before or after marriage, and if it is before marriage, it can be divorced. Not if you're married, because you're obligated to take care of and raise you.

  15. Anonymous users2024-01-24

    It seems that it is possible, as long as it is not a military marriage, there are no restrictions on the rest.

  16. Anonymous users2024-01-23

    If it is not a national regulation that cannot be married, the disease should not be divorced.

  17. Anonymous users2024-01-22

    No, you will be guilty of a divorce.

  18. Anonymous users2024-01-21

    It can be proposed to see whether it is disabled before marriage or after marriage, but whether it can be established depends on the specific situation.

  19. Anonymous users2024-01-20

    In this kind of civil lawsuit, the disabled are actually treated as normal people, and they will not enjoy any additional special care because of their physical disabilities.

  20. Anonymous users2024-01-19

    Then why did you get married in the first place, marriage is free, no one stops you, if you want to, you will go to civil affairs, if you don't want to, you will go to court.

  21. Anonymous users2024-01-18

    Hello, you can.

    Divorce for disabled persons shall first be carried out in accordance with the general provisions on divorce.

    That is, the custody part, children under the age of two years are directly raised by the mother. For children who have reached the age of two, the parents first negotiate who will raise them, and if no agreement is reached on the issue of custody, 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.

    The division of property is to be handled by the husband and wife through negotiation, and 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 party who is not at fault.

    If one party has difficulties in living, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    [Relevant Laws].

    Article 1084 of the Civil Code The relationship between parents and children shall not be 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.

    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.

    Article 1090:In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  22. Anonymous users2024-01-17

    It is not always possible for a spouse to be divorced if one of them is disabled. If both parties can agree to divorce by agreement, they can divorce by agreement; If the agreement is not reached, you can go to the court to sue for divorce, and the court will make a judgment. However, the husband shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy, except where the woman files for divorce or the people's court finds it necessary to accept the husband's request for divorce.

    Whether the court will grant a divorce depends on the circumstances of both parties.

    [Legal basis].Article 1076 of the Civil Code of the People's Republic of China 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.

  23. Anonymous users2024-01-16

    I can get a divorce. The fact that one of the spouses is disabled does not affect the divorce.

    In the Civil Code, a new section has been added to protect the legitimate rights and interests of persons with disabilities, so that when courts handle cases involving persons with disabilities over marriage and family disputes, they can try to protect the rights and interests of persons with disabilities to the greatest extent possible during negotiations.

    For example, in the case of divorce disputes, if the disabled person has difficulties in life, the other party who has the conditions shall give appropriate financial assistance to the disabled party.

    This article states that one party is disabled and can kidnap the other party's freedom to divorce, and it is sufficient to give the disabled party an appropriate financial assistance at the time of divorce, and this financial assistance is also within his or her means.

  24. Anonymous users2024-01-15

    If one of the husband and wife is disabled, the divorce can be handled as long as both parties agree, and the divorce can be handled at the Civil Affairs Bureau. If you do not agree to the divorce, you can sue the court to solve the divorce problem and protect your legitimate rights and interests.

  25. Anonymous users2024-01-14

    Can one of the spouses be divorced if he or she is disabled? If one of the spouses is disabled, a divorce can also be obtained through the court or by agreement.

  26. Anonymous users2024-01-13

    This can be divorced, and whether a couple can divorce has nothing to do with whether they are disabled or not.

  27. Anonymous users2024-01-12

    If one of the spouses is disabled, he or she can still file for divorce. In law. There is no provision that a divorce cannot be filed if one of the spouses is disabled, and either spouse still has the freedom to request a divorce.

    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. 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) 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.

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