Can t a military wife get a divorce, can t a military wife file for divorce

Divorce may be granted by the consent of the serviceman, unless one of the servicemen is seriously at fault.

The military is the cornerstone of a country's stability, but in order to defend the country, soldiers often pay great personal sacrifices, especially in marriage and family. In order to protect the marriage of military personnel, according to Article 33 of the Marriage Law, the spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault.

Does a military wife have to agree to divorce? This is not the case, salute to the military wife.

Behind every successful man, there is a great woman, and of course our military wives are no exception. It's heartbreaking, but in my country, there is such a law-protected provision, if a soldier gets married, as long as the soldier does not agree to divorce, then the military wife cannot file for divorce with the soldier at will.

Hello: Article 33 of China's Marriage Law stipulates that the spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce.

However, there is no case where the military has committed a major fault.

First of all, the consent of the military is obtained. However, this is not the case when the military initiates it. Only when such conditions are met, can the next step be considered.

Good luck.

Non-military divorce is generally not allowed unless the military is grossly at fault. Soldiers stay in the army all day long, and they have to make major mistakes, such as domestic violence, extramarital affairs, and so on. Moreover, if the military files for divorce without the military, the military will not give the divorce if it does not sign.

You can get divorced You search for information on the Internet, and even important people are second marriages, not to mention ordinary military wives.

Legal Analysis: The spouse of an active-duty military member must obtain the consent of the military member if he or she requests a divorce, unless one of the military personnel is seriously at fault.

Therefore, it is generally necessary to obtain the consent of the soldier, but it is not that the divorce cannot be obtained if the military party does not agree, and the spouse of the military does not lose his right to divorce. China's law protects military marriages, but at the same time, it is also a principle to protect citizens' right to freedom of marriage.

In the case that one of the military personnel has major faults such as bigamy, illegal cohabitation with others, domestic violence, or abuse, abandonment of family members, vice habits, etc., even if the military does not agree, the Fafan Town Court can grant a divorce.

The political organ that does not agree to the divorce of a serviceman must not issue a certificate, but if it is verified by the political organ that the serviceman has indeed committed a major fault, the party who files for divorce may directly file a lawsuit with the people's court for divorce, and if the court makes a judgment for divorce, the political organ of the serviceman shall do a good job of the ideological work of the serviceman.

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.

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

1) bigamy or cohabitation with him;

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.

If a military wife unilaterally files a request for divorce without the consent of her husband, there will be the following restrictions: 1. Without the consent of the military husband, the military wife, as the spouse of a military man, cannot sue for divorce. 2. Unlike ordinary couples, if they have a discordant relationship, they can file a divorce lawsuit at any time, and a military wife can only file a lawsuit for divorce if her husband has the following major faults:

1) The husband commits bigamy or cohabits with another person after marriage; (2) Committing domestic violence against military wives or abusing or abandoning family members; (3) Those who have gambling, drug abuse, or other vices that participate in illegal activities, but do not change their ways. In other cases, as long as the military husband himself is unwilling to divorce, the military wife cannot dissolve the marriage relationship with the military husband through legal channels. 3. When a military wife unilaterally files for divorce and a soldier does not agree to the divorce, even if a lawsuit is successfully filed, the people's court should educate the plaintiff to cherish the relationship between husband and wife with the soldier during the trial, and try to reconcile with the military or make a judgment that the divorce is not allowed.

If the relationship between husband and wife has truly broken down, the reconciliation work has been ineffective, and the relationship between husband and wife cannot be maintained, the ideological work of the military personnel should also be done through the political organs at or above the regimental level of the unit to which the serviceman belongs, and the divorce should be granted. 4. If you want to be successfully divorced, you need to be found to be "the relationship between the husband and wife has really broken down" at the trial, generally speaking, in addition to the three major faults committed by soldiers, the following two situations are also included: (1) The husband and wife are not in harmony and have been separated for two years; (2) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Article 1081 of the Civil Code The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, unless one of the servicemen is seriously at fault.