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Anonymous users2024-02-12A person in prison can get a divorce, which is the same as a general divorce, two ways, one is divorce by agreement, the two parties discuss it, and then the free party goes to the prison to sign the divorce agreement, and the civil affairs department goes to the prison to register the two people. Another way is to divorce by litigation, where the imprisoned party can submit the indictment to the prison and transfer it to the court, and the free party can file a lawsuit with the court where he or she is domiciled.
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Anonymous users2024-02-11Freedom of marriage, on the one hand, means freedom to marry, and on the other hand, freedom to divorce. For those who are in prison, there is a difference in jurisdiction depending on whether the prison time is more than one year. Jurisdiction is which court hears your case.
Volunteers from Lawyers' Haven hope it will be helpful to you. Everything else is the same. Marriage is important to anyone.
The most basic thing in modern society is that everyone is equal.
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Anonymous users2024-02-10Seriously, hopefully. Of course, you can get a divorce and go directly to the court. According to the Supreme Court's "Several Specific Opinions on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases", if one party is sentenced to long-term imprisonment in accordance with the law, or if his or her illegal or criminal acts seriously hurt the feelings of the husband and wife, it is deemed that the relationship between the husband and wife has truly broken down.
If mediation fails, the court may grant a divorce in accordance with the law.
Lawsuits against incarcerated persons are under the jurisdiction of the court where the plaintiff is domiciled, so that the lawsuit can be brought directly to the local basic court.
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Anonymous users2024-02-09Legal analysis: If one of the spouses unilaterally wants to apply for divorce during the period of serving a sentence, he or she may sue the people's court at the place where one of the parties to the marriage has a permanent residence or the place where one of the spouses is serving his or her sentence, and go through legal procedures. The required documents include ID card, household registration booklet, marriage certificate, etc.
However, if they are unable to produce valid identity documents, the prison management department may issue relevant supporting materials.
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.
If there is one of the following circumstances, and mediation fails, the 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 a sudden breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates a divorce lawsuit, Huiyinqiao shall be allowed to grant a divorce.
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.
1. The divorce request of the spouse of a prisoner can usually be upheld by the court. When determining whether the relationship between the husband and wife has indeed broken down, the court needs to comprehensively consider various factors such as the foundation of the marriage, the relationship after marriage, the current status of the marriage, and whether there is a possibility of reconciliation. In addition to the four circumstances specified in Article 32 of the Marriage Law, the imposition of a party to a long prison sentence is also an important legal basis for a judge to grant a divorce (Article 11 of the Supreme People's Court Interpretation). >>>More
Snail dream interpretation. Going to jail means control, and your boyfriend and father are the closest people of the opposite sex, which means that your closest people need to be controlled. The problem seems to be with these two people, the two seem to have some unresolved knots in their hearts, and the two sides are a little deadlocked, but neither is willing to speak. >>>More
Article 234 of the Criminal Law of the People's Republic of China stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. and where serious injury is caused, the sentence is to be fixed-term imprisonment of not less than 3 years but not more than 10 years. Whoever causes death or seriously injures a person by special means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. >>>More
Yes, as long as certain conditions are met, you can sue for divorce; 1. What are the grounds for suing for divorce? >>>More
If the debtor is imprisoned, he can file a lawsuit with the people's court to recover the debt. If the offender is convicted, for example while in detention in a prison cell, and still has the right to normal civil rights, the creditor can negotiate with him or his family to settle the repayment, or he can go to the local court to sue the debtor and force him to repay. If the debt is not paid, the debt may be paid with the consent of the parties or the ruling of the civil court;If the debtor fails to repay the debt, the people's court will make a judgment to compel the payment.