If you have a gynecological disease during the marriage relationship, you can get a divorce

Divorce is possible, but the woman may request appropriate assistance from the man, Article 42 of the Marriage Law: In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

If the negotiation fails, go to the court to sue for divorce.

Marriage Law of the People's Republic of China

Article 31.

If both a man and a 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.

Article 32.

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;

4) 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.

The Marriage Act does not stipulate what illnesses do not preclude divorce.

According to Article 12 of the "Marriage Registration Regulations", if the parties to the divorce registration have any of the following circumstances, the marriage registration authority shall not accept it:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

Persons without capacity for civil conduct: minors under the age of 8 and adults who are unable to recognize their own behavior.

Persons with limited capacity for civil conduct: minors over the age of 8 and adults who cannot fully recognize their own behavior.

The Marriage Act does not stipulate what illnesses do not preclude divorce. However, article 8 of the Maternal and Infant Health Care Act stipulates that premarital medical examinations include examinations for serious hereditary diseases and designated infectious diseases and related psychiatric disorders. It can be seen that the diseases that are medically considered unsuitable for marriage mainly include these three diseases.

My wife and I got married in 2013. I got epilepsy in 2015 from my part-time job. My wife is going to divorce me again. I can't get a divorce because of this disease.

There are only rules that you can't get married, and there are no rules that you can't get divorced.

What kinds of illnesses does the marriage law stipulate that one party cannot divorce?

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

Hello, during the existence of the marital relationship, if one party does not sue for divorce and files a separate claim for damages, the court will not accept it.

The specific contents can be summarized as follows:

(1) The subject of the claim for damages is the innocent party among the parties to the divorce proceedings. If the innocent party is an incapacitated person or a person with limited capacity, the case may be filed on behalf of his or her parents or siblings or adult children who live with him or her with full capacity for civil conduct.

Damages shall be determined within the scope of the degree of physical injury and moral damages.

(2) Divorce damages must be submitted on the premise that a divorce is adjudicated in accordance with law, and where only divorce damages are filed, and divorce proceedings are not filed or divorce is not allowed, the court will not support the request.

There are three specific circumstances for the filing of divorce damages: first, the innocent party as the plaintiff must file a claim for divorce damages with the people's court at the same time as the divorce proceedings;

Second, if the innocent party as the defendant does not agree to the divorce and does not file a claim for damages, he may file a separate lawsuit for divorce damages within one year after the divorce;

Third, if the innocent party is the defendant, and the defendant does not file a claim for divorce damages in the first instance, and the defendant submits it in the second instance, the people's court may conduct mediation, and if the mediation fails, the parties should be told that they may file a separate lawsuit for divorce damages within one year after the divorce.

China's Marriage Law not only confirms the joint property of the husband and wife during the existence of the husband and wife relationship, but also confirms the existence of the personal property of the husband and wife during the existence of the husband and wife relationship, which establishes the basis for compensation for personal injuries during the existence of the husband and wife relationship. This is the theoretical basis.

However, this is in line with Article 29 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.

Paragraphs 2 and 3 stipulate that "in cases where a people's court decides that a divorce is not allowed, the parties' claims for damages based on article 46 of the Marriage Law shall not be supported." Where, during the existence of the marital relationship, the parties do not sue for divorce but separately file a claim for damages in accordance with the provisions of this article, the people's court will not accept it. "There is a contradiction again.

In practice, the courts generally do not support it.

Hello, during the existence of the marital relationship, if the parties do not sue for divorce, but file a separate claim for damages due to the fact of bigamy, cohabitation with another person, domestic violence, abuse, or abandonment of family members, the people's court will not accept it.

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

The court granted a divorce on the grounds that it could not be assumed that the relationship between the husband and wife had broken down.

If the relationship between the parties has indeed broken down and one of the parties has a serious illness during the marriage, the court will also grant a divorce. However, if the illness is indeed suffered after marriage and the sick party needs financial assistance, the court shall, in accordance with Article 42 of the Marriage Law, order the other party to provide corresponding assistance in terms of personal property such as housing or money.

1. Sue the court for another divorce.

China's Marriage Law and other relevant provisions show that China's citizens enjoy the right to freedom of marriage, and those who meet the conditions can legally conclude a marriage or end the marriage freely, and the two parties can be divorced if they express the same intention, but in order to protect the other party's freedom of expression of intention if they do not want to divorce, if they file a divorce lawsuit for the first time, they will not be divorced after mediation, and after six months, they can file a second divorce, at this time, the court believes that the marriage between the two parties has indeed broken down, and the divorce should be granted.

2. Divorce by agreement between husband and wife.

There are two ways to divorce, one is litigation divorce, the other is negotiated divorce, if one party does not want to divorce, the other party can actively communicate with the other party, discuss the conditions for the other party to divorce, and if it is acceptable, you can sign a divorce agreement, or it is possible that once you communicate and negotiate, you can find that the relationship between the husband and wife can continue, and cancel the idea of divorce.

Before the divorce, the husband is obliged to pay for medical expenses, of course, out of the joint property of the husband and wife.

Article 20 of the Marriage Law: Husbands and wives have the obligation to support each other.

If one party fails to fulfill the maintenance obligation, the party in need of maintenance has the right to demand that the other party pay maintenance.

As long as there is a relationship between husband and wife, there is an obligation to demand that the other party pay for medical expenses, which is clearly stipulated in the law.

According to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi 2011 No. 18):

Article 4: Where one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except where there are the following major reasons and the interests of creditors are not harmed:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

If there are the above-mentioned major reasons and the interests of the creditor are not harmed, the joint property may be divided.

In our country, there are two ways to get divorced, one is registered divorce and the other is litigation divorce.

1. In accordance with the provisions of Article 31 of the Marriage Law of the People's Republic of China, a man and a woman who divorce voluntarily and who have made appropriate arrangements for the maintenance of their children and the division of property may register their divorce at the marriage registration office without the need for litigation. When registering a divorce, the following documents are to be provided:

1. Hukou booklet, ID card.

2. Marriage certificate.

3. The divorce agreement signed by both parties.

It is recommended that you first try to persuade him to register the divorce with him and try to resolve the divorce issue in a peaceful way. If he really doesn't want a divorce and you insist on leaving, then the only way to do it is to go through divorce proceedings.

2. Divorce proceedings. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court based on the statutory reasons for divorce, and the people's court makes a judgment on whether the marital relationship is maintained or not.

The formalities (process) of divorce proceedings are as follows:

1. Go to the people's court to file a lawsuit application with the court. Generally, they go to the case filing hall, and the case filing hall conducts a review, and for those who meet the requirements for case filing, they are given a case filing. If both of you do not live in the same place, you will have to file a lawsuit at the man's place of residence according to the principle of "plaintiff against defendant".

When filing for divorce proceedings, the following documents must be provided:

a. Petition for divorce (in triplicate).

b. Hukou booklet.

c. ID card (temporary ID card, household registration certificate, military officer certificate, non-commissioned officer certificate, military civilian cadre certificate, etc.).

d. Marriage certificate.

2. After the case filing hall reviews and meets the conditions for case filing, and the case is approved, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50 yuan) with the case filing notice. The court formally accepted the case.

3. After accepting the case, the case filing division of the court will transfer the case to the civil division for trial.

4. After the civil division accepts the case, it issues a summons to the man, requiring him to appear in court at a certain time to respond to the lawsuit. At the same time, the court will also notify you to appear in court.

5. After both parties arrive in court, the court will mediate (this is a necessary procedure). There are 3 types of mediation outcomes:

a.If both parties are willing to maintain the marriage after mediation, you will withdraw the lawsuit and the marriage will continue to be valid.

b.After mediation, if he agrees to your divorce request and deals with the children and property issues, you will withdraw the lawsuit and both parties will go to the marriage registration office to register the divorce.

c.After mediation, you insist on a divorce and he does not agree, or if both parties agree but there is a dispute over the handling of the children and property issues. The court will hear and make a judgment.

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

The court takes whether the relationship between the parties has indeed broken down as a legal condition for a divorce. Article 32 of the Marriage Act provides for the following exemplary statutory grounds for granting a divorce:

a.bigamy or cohabitation of a spouse.

b. Committing domestic violence or abusing or abandoning family members.

c.Those who have bad habits such as gambling and drug abuse, and who do not change their ways.

d.Separated for 2 years due to emotional discord.

e.Other circumstances that lead to the breakdown of the relationship between the husband and wife.

There is no provision for illness that prevents divorce.

There is a provision that only a pregnant woman cannot be divorced during childbirth and for a period after pregnancy.

During the existence of the marital relationship, whether the divorce agreement signed by the husband and wife is valid or not shall be treated differently. If it is a true expression of the intention of both parties, and there is no coercion, it is valid; Otherwise, it is invalid.

A divorce agreement signed by the husband and wife, provided that the content of the agreement does not violate the provisions of law, has legal effect and may be used as evidence after the divorce or in court proceedings. However, before the divorce is registered or the court mediates or decides on the divorce, the provisions on divorce in the divorce agreement do not take legal effect. The parties are still husband and wife.

Whether it is effective or not, depending on the circumstances, should be clearer through the words of the lawyer who greeted the divorced lawyer above.