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Anonymous users2024-02-11Yes, divorce can be obtained as long as the relationship breaks down. The other party can sue the court directly for divorce.
According to the Marriage Law of the People's Republic of China:
Article 31: Where both men and women divorce voluntarily, the divorce is 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.
Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.
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Anonymous users2024-02-10Uh-huh, it seems that you can leave.
This mainly depends on how your relationship is.
Do you think you're doing that worthy of your conscience?
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Anonymous users2024-02-09It's up to you.
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Anonymous users2024-02-08The court can only grant a divorce if it finds that the relationship between the husband and wife has indeed broken down. To determine whether the relationship between husband and wife has indeed broken down, a comprehensive analysis should be made from aspects such as the return of the marriage foundation, the relationship after marriage, the reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. In other words, the illness of one partner is not one of the legal grounds for determining whether the relationship has broken down.
If one party is sick and the other party files a divorce, although the law does not prohibit it, a divorce can be given; However, considering the actual situation, it is the best arrangement if the parties can agree to divorce, and if one party does not agree, the divorce will be divorced through litigation, and the court will generally not grant divorce.
1. Can a sexless marriage directly sue for divorce?
Sexless marriages can be sued for divorce. When a people's court hears a divorce case, whether or not a divorce is granted or not shall be distinguished by whether the relationship between the husband and wife has broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation.
2. If homosexuality is divorced, will the court generally grant divorce?
The legal question of filing for divorce on the basis of homosexuality is whether homosexual conduct meets the legal requirements for confirming the breakdown of the relationship between the husband and wife. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation.
If the relationship between the husband and wife has indeed broken down because of the homosexuality of one party, the court can use this as a judgment to grant divorce.
Article 1079 of the Civil Code stipulates that if one of the husband and wife requests a divorce, the relevant organization 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 shall be granted.
In any of the following circumstances, if 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 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.
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Anonymous users2024-02-07Legal analysis: divorce by agreement or litigation divorce can be obtained, and the key to litigation divorce is that the court finds that the relationship has indeed broken down.
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 the mediation is not worthy of shouting and concealment, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members in the training hall;
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.
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