Whether it is still husband and wife after many years of separation

Updated on society 2024-06-03
4 answers
  1. Anonymous users2024-02-11

    Grounds for filing for divorce.

    1.incompatible personalities;

    2.One or both of them have a heterosexual relationship with a third person;

    3.disagreement with family and relatives;

    4.One or both of the men and women are violent;

    5.The man and the woman do not agree to live together;

    6.sexual dissatisfaction;

    7.abandonment of family members;

    8.Mental abuse;

    Legal Provisions] Chapter IV of the New Marriage Law Divorce.

    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.

  2. Anonymous users2024-02-10

    You are still legally married.

    It should be, ask a lawyer specifically

  3. Anonymous users2024-02-09

    You are married and you are obligated to pay this fee.

  4. Anonymous users2024-02-08

    Legal Analysis: The court should grant a divorce if the divorce has been separated for two years due to discord. A husband and wife who have been separated for two years can be determined on the basis of the following evidence:

    1. The lease contract of the house where one party lives outside; 2. The written agreement on separation of husband and wife signed by both parties; 3. A written separation document issued by one party to the other party; 4. The letters, e-mails, etc. exchanged between the two parties can prove the fact that the two parties are not in harmony and separate; 5. Witness testimony.

    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 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) Gambling, drug abuse, and other vices that have been repeatedly taught and not changed;

    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.

    Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

    Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by the husband or wife in the contracting and operation of the oak land in the family shall be protected in accordance with law.

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