Can you get a divorce while in jail, can you get a divorce while in jail

1. The divorce request of the spouse of a prisoner can usually be upheld by the court. When determining whether the relationship between the husband and wife has indeed broken down, the court needs to comprehensively consider various factors such as the foundation of the marriage, the relationship after marriage, the current status of the marriage, and whether there is a possibility of reconciliation. In addition to the four circumstances specified in Article 32 of the Marriage Law, the imposition of a party to a long prison sentence is also an important legal basis for a judge to grant a divorce (Article 11 of the Supreme People's Court Interpretation).

Normally, as long as the other party is sentenced to a term of imprisonment, the spouse's divorce request can be upheld by the court.

2. Selection of competent court. The people's court at the place where the plaintiff is located has jurisdiction over civil litigation against persons serving sentences (Article 23, Paragraph 1, Item 4 of the Civil Procedure Law), and divorce disputes are relatively ordinary civil cases, and of course this provision should be followed. In this case, the domicile of the plaintiff Chen is in Xicheng District, so it is correct to file a lawsuit with the Xicheng District People's Court.

3. The particularity of the litigation procedure for divorce from a prisoner. Generally speaking, when the court system at all levels in Beijing hears a divorce case, it is difficult for the parties to solve the problem through a single lawsuit; Most cases require two or more lawsuits. In the case of divorce from a prisoner, a single prosecution can usually solve the problem.

After the case is filed, the judge will choose a time to go to the prison**, and sometimes only need to obtain a transcript of the investigation. This practice is very convenient for the parties, and it can be said that it is a move that has won the support of the people.

4. The trend of younger crime should not be underestimated. In this case, both parties are post-80s and have just started a family, and while sighing, we can't help but ponder: what causes the younger generation to be so impulsive?

The school has the responsibility (Wei is a graduate of a well-known university in Beijing), the parents are responsible, and the society is responsible? In my opinion, the main thing is social responsibility: the deviation of social value orientation.

I won't go into detail here.

A person in prison can get a divorce, which is the same as a general divorce, two ways, one is divorce by agreement, the two parties discuss it, and then the free party goes to the prison to sign the divorce agreement, and the civil affairs department goes to the prison to register the two people. Another way is to divorce by litigation, where the imprisoned party can submit the indictment to the prison and transfer it to the court, and the free party can file a lawsuit with the court where he or she is domiciled.

Yes, but a litigious divorce is required, and the competent court is different from other cases. Where one party is imprisoned and the other party sues for divorce, the court with jurisdiction is the court where the plaintiff is domiciled, and where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the court at the place of habitual residence has jurisdiction; If both parties are in prison, the court of the defendant's original domicile has jurisdiction, but if the defendant has been imprisoned for more than one year, the court of the place where the defendant is imprisoned has jurisdiction.

[Legal basis].Supreme People's Court Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" Article 8: Where both parties are imprisoned or compulsory education measures are employed, the people's court for the defendant's original domicile has jurisdiction. Where the defendant has been imprisoned or has been subject to compulsory education measures for one year or more, the people's court for the place where the defendant is imprisoned or where compulsory education measures are taken has jurisdiction.

Article 12: In cases where one of the spouses has been away from their domicile for more than one year, and the other party is suing for divorce, the people's court for the plaintiff's domicile may have jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.

Legal analysis: If the other party is serving a sentence in prison, it is also possible to divorce, and the methods of divorce are: 1. One party can negotiate a divorce with the inmate, but it should be noted that the inmate is a person who restricts his personal freedom, unless the prison agrees to go to the Civil Affairs Bureau to handle the divorce, or the Civil Affairs Bureau sets up a temporary office in the prison, otherwise the inmate cannot agree to divorce; 2. If the party serving the sentence does not agree, the applicant may file a lawsuit for divorce in the people's court.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization 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, a divorce shall be granted if mediation is ineffective: (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. 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 or more, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorce can be dealt with while in prison. However, divorce by mutual agreement is not allowed, and divorce proceedings can only be filed. The principle of special territorial jurisdiction generally applies.

In accordance with relevant legal provisions, where a party initiates a lawsuit against a person who has been imprisoned or has been subjected to compulsory education measures, the people's court of the plaintiff's domicile or habitual residence has jurisdiction.

Article 11 of the Supreme People's Court's Specific Opinions on How to Determine that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases by the Supreme People's Court of the Supreme People's Court, Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China.

Prison inmates can also be divorced. Because the prison sentence is restricted in personal freedom, it is impossible for both parties to apply for divorce from the civil affairs department, so it is generally difficult to get a divorce by agreement from the civil affairs department. If one of the husband and wife is serving a sentence in prison, the court may also have a divorce judgment through litigation.