Is divorce the right thing to do? There are three situations in which a divorce is necessary

Updated on society 2024-05-13
2 answers
  1. Anonymous users2024-02-10

    Do you want a divorce? Want to get a divorce see here.

  2. Anonymous users2024-02-09

    1. The three situations in which divorce is necessary are as follows:

    1) The first type: constant quarrels every day. Small disputes can promote understanding and communication between husband and wife, as the so-called husband and wife quarrel at the head of the bed and at the end of the bed, and the feelings without quarrels will not last long.

    However, if after getting married, if there are more and more contradictions between the two people, and the quarrel becomes uninterrupted, this is a wake-up call for the relationship between the two people to go downhill;

    2) The second type: falling into a crisis of confidence. Trust is the bridge of communication between people; If there is no trust between husband and wife, this relationship will be directly shattered by suspicion and trust crisis.

    The two people who share the same bed, but each has a ghost in their hearts, and they guess that each other is outside every day;

    3) The third type: disgust and disgust with each other. After getting married, one party slowly began to dislike his lover, and he would be disgusted for not doing well for anything he did, and he would be disgusted and ugly for what he said.

    There are three situations in which a husband and wife will be divorced.

    2. Legal basis: Article 5 of the Civil Code of the People's Republic of China.

    Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

    1) The parties have not gone through the marriage registration formalities;

    2) The parties have gone through marriage registration formalities but do not live together;

    3) Premarital payments that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

    2. How long does it take for the court to decide a divorce.

    Even if a lawsuit is filed, the trial of the matrimonial case must meet the time limit prescribed by law. Normally, the time limit for the first instance is three months according to the summary procedure, and the time limit for the second instance is six months according to the ordinary procedure, which is a minimum of 4 months and a maximum of 9 months for a divorce case from beginning to end.

    If the divorce is not granted after the first divorce judgment, then the second lawsuit can be filed in China's Civil Procedure Law, which stipulates that the second lawsuit can only be filed after six months. According to this time limit, if you sue twice to achieve the final goal of divorce, it will take about one and a half to two years in total. This does not include foreign marriages and cases where the other party deliberately delays.

    Therefore, the party who insists on the divorce goes to the court to file for divorce, which does not mean that it can be resolved quickly. Whether the court grants a divorce is based solely on whether the relationship between the spouses has broken down, not whether the parties are at fault. The circumstances of the fault of the parties are only taken into account in the division of the joint property of the husband and wife.

    Therefore, if the party at fault sues for divorce, if the court finds that the relationship between the husband and wife has broken down, and the mediation is invalid, the divorce will still be awarded. However, when dividing the property, the innocent party will be given appropriate consideration, and if it is a special fault act prescribed by law, the innocent party may also claim damages for divorce.

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