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Anonymous users2024-02-11First of all, in this case, the woman has the right to sue for divorce ex parte because the husband has been subjected to coercive measures for committing the crime. At the same time, the court will also support the woman's request for divorce. According to the "Several Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases", one party is sentenced to long-term imprisonment in accordance with the law, or the illegal and criminal act seriously hurts the feelings of the husband and wife.
If the other party insists on requesting a divorce, and the mediation fails, a judgment may be made to grant the divorce in accordance with the law.
Secondly, since the husband is subject to coercive measures, it is obviously not suitable for the parties to divorce by agreement. According to Article 8 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", where both parties are imprisoned or subject to compulsory education measures, the people's court at the place where the defendant is domiciled has jurisdiction. Where the defendant has been imprisoned or has been subject to compulsory educational measures for one year or more, the people's court for the place where the defendant was imprisoned or where compulsory educational measures were taken has jurisdiction.
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Anonymous users2024-02-10If the other party does not agree or is not in a position to register the divorce at the marriage registry office jointly, you can file a lawsuit with the court of your own domicile, and the court will generally go to the place of imprisonment for mediation or mediation. Opinions of the Ministry of Civil Affairs on Several Issues Concerning the Implementation of the "Marriage Registration Regulations": 10. On the issue of marriage registration of prisoners.
Persons serving sentences applying for marriage registration shall submit the application in person at the marriage registration organ and present valid identity documents; Where inmates are unable to produce identity documents, the prison management department may issue relevant supporting materials.
The organ handling the marriage registration of a person serving a sentence may be the marriage registration organ at the place where one of the parties has a permanent residence or the place where the prison serving the sentence is located.
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Anonymous users2024-02-09Legal analysis: If you want to divorce, you need to be able to reach a consensus, and then go through the divorce procedures, if you can't reach a consensus, such as the custody of your children, child support, debt division, etc., if you can't reach an agreement, then you can only take legal means to solve.
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 1077:Within 30 days of 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 disposition, they shall register and issue a divorce certificate.
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.
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Anonymous users2024-02-08In China, divorce is subject to certain legal procedures. The husband is sentenced to 20 years in prison, which means that he is receiving a sentence, in which case the divorce application may require some additional procedures and considerations. The exact timing of divorce approval may vary from case to case, but here are some general recommendations:
1.Consult a lawyer: In this case, it is advisable to seek the help of a professional lawyer. A lawyer will provide you with detailed legal advice and guidance based on your specific situation.
2.Filing for divorce: First, you need to file a divorce lawsuit with the court. When submitting the divorce application, please attach evidence of the breakdown of the relationship between the parties, such as court judgments, evidence of the breakdown of the relationship between the husband and wife, etc.
3.Pending judgment: After filing a divorce petition, you need to wait for the court to hear it. Before the verdict, the court may conduct mediation and settlement in order to repair the relationship between the parties. If mediation fails, the court will make a judgment based on the relevant evidence.
4.Divorce Judgment: The court makes a divorce judgment based on the evidence you provide and the law. The result of the judgment may be a judgment of divorce or a judgment of non-divorce. The judgment will be served on both parties.
5.Enforcement of the judgment: If a divorce is decreed, you will need to serve the judgment on your ex-husband. Then, you need to wait for your ex-husband to finish serving his sentence before you can go through the divorce process.
It is important to note that the circumstances of each case are different, so the time taken for divorce approval may vary. In order to obtain a more accurate time estimate, it is advisable to consult a professional lawyer. Also, make sure to follow the legal process so that you don't get yourself in unnecessary trouble.
You can call 12348 for consultation).
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Anonymous users2024-02-07Because the husband's husband was sentenced to a bad reputation and quarrel was restricted, and his personal freedom was restricted, there was generally no way to go to the civil affairs department to go through the divorce procedures in person. You may need to go to court to sue for divorce and be in jail** through an imaginary number.
As long as you do not go through the divorce procedures and live apart for 21 years, the marriage relationship will still exist.
It seems that his desire for children and your inability to have children have caused a contradiction, first of all, he must be a very traditional man, the idea of inheritance and the reality of marriage make him contradictory and painful, but he does love you, so he did not divorce you, but with you and the outside world put a lot of pressure on him, so he is depressed, so when he is angry, he will release this depression, and you, now because of this contradiction, have begun to be depressed, and feel that seeing the husband he loves is unhappy for this, and he is also psychologically sad, Both of you have gotten into a dead end, at least he can still be angry with you, to vent this emotion, but you don't, so if you don't deal with it as soon as possible, you will soon have problems, in fact, there is no need to take whether you have children or not so seriously, maybe as a man, I am more avant-garde, in my opinion, I personally prefer the Dink, maybe you will say that this is an immature idea, then I want to ask, why do you have to have children to get married? Breed your own offspring? If this is explained, I don't think my own breed is very good, it doesn't matter; Pinning your hopes on the next generation? >>>More
Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!
Hello, the word divorce is mentioned in everyone's marriage, whether your husband really wants to divorce you, this still needs to be further communicated with the mentor who collided with the deer.
1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. >>>More