Divorce under the New Marriage Act of 2008 and divorce provisions for 2002

There are two ways to get divorced: divorce by agreement and divorce by litigation, and there is no automatic divorce.

If the divorce by mutual agreement fails, the divorce can only be filed by litigation.

Article 31 of the Marriage Law Where 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: Where a man and a woman request a divorce, the relevant departments 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 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.

In this case, the only way to get a divorce is through the court.

Summary. Hello dear, it is a pleasure to serve you The provisions of the 2002 divorce, the legal conditions for divorce, the conditions under which the law grants divorce to the parties to a marriage. According to the Marriage Law of the People's Republic of China, if the relationship between the husband and wife has indeed broken down and the mediation is ineffective, the divorce should be granted.

The circumstances under which the relationship between husband and wife is deemed to have broken down are: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug addiction and do not change their habits; (4) Separated for 2 years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce, unless one of the military personnel is seriously at fault. The man may not file for divorce during pregnancy, within one year after childbirth, or within six months after 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.

Hello dear, it is a pleasure to serve you The provisions of the 2002 divorce, the legal conditions for divorce, the conditions under which the law grants divorce to the parties to a marriage. According to the Marriage Law of the People's Republic of China, if the relationship between the husband and wife has indeed broken down and the mediation is ineffective, the divorce should be granted. The circumstances in which the relationship between husband and wife is determined to have broken down are:

1) bigamy or cohabitation of a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug addiction and do not change their habits; (4) Separated for 2 years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. If the spouse of a serviceman on active duty requests a divorce, the consent of the serviceman is required, unless one of the servicemen is seriously at fault.

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months after 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.

If, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted. Article 1080:The marriage relationship is dissolved when the registration of the divorced high-level marriage is completed, or the divorce judgment or mediation document takes effect. Article 1081:The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the military personnel is seriously at fault.

Legal Analysis: Article 1.

Where a party applies for a declaration of nullity of marriage under circumstances other than those provided for in Article 10 of the Marriage Law, the people's court shall make a judgment rejecting the party's application.

Where a party initiates a civil lawsuit on the grounds that there is a flaw in the marriage registration procedure and claims to revoke the marriage registration, inform them that they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.

Article 2. Where one spouse files a lawsuit with the people's court requesting confirmation of the non-existence of paternity, and has already provided necessary evidence to prove it, but the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of paternity is established.

Where one party files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, and the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of paternity is established.

Article 3. Where both parents or one of the parents refuse to perform their obligation to support the child during the existence of the marital relationship, and the minor or incapable child requests the payment of child support, the people's court shall support it.

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 acts that seriously harm 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 falsifying the joint debts of the husband and wife, (2) Where one party has a legal obligation to support the person suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Legal basis: Civil Code of the People's Republic of China Article 1079 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, where 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. 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.

Divorced women are often beaten and scolded by their ex, and what are the rules for using the law to protect themselves.

What is the problem?

It is recommended to entrust a local professional lawyer to handle it to better protect legitimate rights and interests.

Marriage and family lawyer Wang Jingjie.