The wife is sick and the husband does not care what to do with the law

The wife is sick and the husband does not care, and the law can be roughly divided into three ways to deal with it. The first way is to ask the husband to fulfill the obligation of maintenance and pay maintenance without divorce. The second way is to dissolve the marriage relationship between the husband and wife by agreement on the premise of divorce.

The third way is also based on the premise of divorce, and the wife goes to the court alone to file a divorce lawsuit to dissolve the marriage.

First of all, the husband has a duty of care when his wife is sick without divorce, and the law stipulates that the husband should take care of his wife when she is sick. Failure to perform the statutory duty of care and support may sue the husband for alimony. Secondly, if the parties have great contradictions and disputes and cannot get along, they can also consider dissolving the marriage relationship.

Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce formalities together.

Litigation divorce is when one party goes to court to sue for divorce. After filing the case, ** trial, and finally getting the divorce judgment or mediation letter. Compared with divorce by agreement, litigation divorce more solves controversial issues between husband and wife, such as whether to divorce, how much property is divided, who has custody of children, or how to bear debts.

Therefore, if the husband and wife disagree on the above issues and cannot reach an agreement, then the marriage needs to be dissolved by way of litigation divorce.

However, it should be noted that the Civil Code also provides for a 30-day "cooling-off period" for divorce, which means that now both husband and wife must first apply to the Civil Affairs Bureau. After 30 days, if both parties have no repentance, they will go to the Civil Affairs Bureau to go through the divorce procedures together and receive the divorce certificate. In a litigated divorce, the right to sue as a husband is partially restricted.

The man may not sue for divorce during the woman's pregnancy, within one year after childbirth, or within six months of the termination of the pregnancy.

Legal basis] Civil Code

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 office. 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 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

Article 1082:The man must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Legal Analysis: Where the circumstances of the crime of abandonment are heinous and the wife is sick and the husband is concerned, he shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release. When a wife is seriously ill and the husband has an unconditional obligation to support her, he should provide appropriate living and financial assistance to his wife, which is not only a moral obligation between husband and wife, but also a legal obligation.

Legal basis: Article 261 of the Criminal Law of the People's Republic of China stipulates that a person who is old, young, sick or otherwise incapable of independent living has an obligation to support and refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.

First of all, husband and wife have the obligation to support each other and bury each other. If one of the spouses fails to fulfill the obligation to support, the other spouse who needs to support him or her has the right to demand that the other party pay maintenance.

Second, if the wife does not support her seriously ill husband during the marriage, the husband may demand that the wife pay maintenance, and if the party who should pay the maintenance refuses to do so, the other party who needs to support the other party may obtain maintenance through litigation.

If one of the spouses is sick or lacks the ability to live independently, and the spouse who has the obligation to support refuses to support him, and the circumstances are heinous, the crime of abandonment may be constituted and criminal responsibility shall be borne.

The basis of the law of the chain of things].

Article 1059 of the Civil Code states that husband and wife have the obligation to support each other. The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.

If the husband is sick and the wife doesn't care, it means that the relationship between husband and wife is almost gone. That's only divorce, and it's useless to be together.

There's really no way around this.