Under what circumstances can a divorce be filed unilaterally

Under what circumstances can a unilateral divorce be filed: (1) Committing domestic violence or abusing or abandoning a family member. (2) bigamy or cohabitation of a person with a spouse.

3) The husband and wife have been separated for two years due to emotional discord. (4) Those who have bad habits such as gambling and drug abuse that they have repeatedly been taught. (5) One party is declared missing and the other party initiates divorce proceedings.

Legal basis] Article 32 of the Marriage Law provides that 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, 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 after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

A unilateral divorce is a lawsuit for divorce. If you take a lawsuit to divorce, you need evidence that you have been separated for at least 2 years, and you are separated due to emotional discord. It is advisable to sue for divorce directly on the grounds of the breakdown of the relationship between the husband and wife.

Legally, two years of separation is a condition for a divorce to be granted, provided that there is evidence to prove that the separation has been two years.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

(i) 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 after repeated attempts;

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.

If one of the defendants disappears and the other party files a divorce lawsuit, the divorce shall be granted.

Husbands and wives cannot file for divorce in the following two cases: It is clearly stipulated in accordance with relevant laws.

Legal analysis: (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 after repeated attempts; 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.

Legal basis: "China Rough Tuan Zhi People's Republic of China Civil Law Rock Elimination Code".

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.

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 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.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent that the amount of the agreement or judgment exceed or pretend to be 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.

Citizens have the right to divorce, and if the parties cannot divorce by agreement, the citizen may file a divorce lawsuit with the competent court and request the people's court to grant the divorce in accordance with law.