Is it okay to divorce in the first branch, and how long can the branch be divorced

OK. 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. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

6 Arranged marriages, buying or selling marriages, filing for divorce immediately after marriage, or living together for many years, but not establishing a relationship between husband and wife.

7. Those who have been separated for two years due to emotional discord and there is no possibility of reconciliation, or who have been separated for one year after a people's court has ruled that divorce is not permitted, and do not perform their obligations as husband and wife.

8 Where one party commits adultery or cohabits with another person, and there is no sign of repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

9 Where one party has bigamy and the other party files for divorce.

10. One party has bad habits such as drug addiction and gambling, and does not fulfill family obligations, and repeatedly refuses to change the situation, making it difficult for the husband and wife to live together.

11. One party has been sentenced to a long-term prison sentence in accordance with law, or his or her illegal or criminal acts have seriously hurt the feelings of the husband and wife.

12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.

13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.

14. One party has committed domestic violence.

15 The relationship between husband and wife has broken down due to other reasons.

The Marriage Law stipulates that after two years of separation, one party sues, and the court fails to mediate, a divorce can be granted.

If the parties voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority; or if they file a lawsuit for divorce with the people's court and are granted a divorce, the marriage relationship is dissolved; The time of separation is not a requirement for divorce.

According to paragraphs 1 and 2 of Article 1079 of the Civil Code of the People's Republic of China, which came into effect in 2021, if one of the husbands and wives requests a divorce, the relevant organizations 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.

Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations 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, 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.

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 a divorce is not permitted, and both parties have lived separately for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

It doesn't count for long.

According to paragraphs 1 and 2 of Article 1079 of the Civil Code of the People's Republic of China, which came into effect in 2021, if one of the spouses 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.

No matter how long the separation lasts, the divorce is not automatically granted. As long as the parties have not gone through the statutory divorce procedure, they are still legally married. Divorce can only be a voluntary divorce between the husband and wife and an application for divorce registration in person at the marriage registration office.

or litigation divorce, where the court grants a divorce to dissolve the marriage relationship, which is considered to be the end of the marriage.

Procedure at the stage of divorce proceedings:

The plaintiff submitted the indictment, a copy and relevant evidence to the people's court.

The people's court accepts the documents and materials submitted by the plaintiff and conducts a review.

After review, the lawsuit meets the legal requirements and requirements of the draft law, and a decision to accept it is made and the case is filed, otherwise the plaintiff's documents and materials are returned and the reasons for not accepting the case are notified. <>