Under what circumstances should a couple divorce

Couples should divorce in the event of a breakdown of their relationship. 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. Have gambling, drug abuse and other vices that have been repeatedly taught; 4. Separated for two years due to emotional discord; 5. Other circumstances that lead to the breakdown of the relationship between the 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.

[Legal basis].

Civil Code of the People's Republic of China Article 1079 Where one of the husband and wife 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.

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 divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Often find fault with each other.

The two husbands and wives together are like Mars hitting the earth, they scold when they can't talk about two sentences, their tempers become irritable and irritable, and they often blame each other for some trivial things. In short, it doesn't please look at each other's eyes, as long as it is a little thing, it can be exploded.

It is said that marriage is the life of two people, and they need to work together to live well.

If the husband and wife do not bow their heads to the other party and admit their mistakes during the cooling-off period, it is easy to lead to the breakdown of the marriage and divorce directly, and it may become farther and farther away after marriage, so in the process of the cooling-off period, one must bow to the other party and admit its mistakes.

There is no situation in which a divorce is necessary. However, according to the provisions of the Civil Code, if a man and a woman request a divorce, the relevant department may mediate 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.

Procedures for sale and divorce.

There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department.

According to Article 1076 of Chapter IV of the Civil Code of the People's Republic of China, where a 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 file a divorce lawsuit with the people's court.

1) The procedures for divorce by agreement of the civil affairs departments are convenient.

The process of drafting a divorce agreement should be very cautious, never hasty, and it is best to ask a lawyer to check it if necessary. According to Article 10 of Chapter 3 of the Marriage Registration Regulations, if a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

1. My household registration booklet and ID card;

2. Marriage certificate;

3. The divorce agreement signed by both parties in a false way.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

If both parties agree to the divorce and can reach an agreement on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce by mutual agreement after the revision of the Marriage Registration Regulations on November 21, 2020.

2) Court Litigation Divorce: Convenient and cumbersome.

According to Article 1079 of Chapter IV of the Civil Code of the People's Republic of China, where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

1. Under what circumstances should husband and wife leave?

Divorce can be chosen by mutual agreement between the spouses. or if one party advocates divorce and the other party does not agree, a divorce lawsuit may also be filed with the court. If the court finds that the relationship between the husband and wife has indeed broken down and the mediation is ineffective, the divorce shall be granted.

2. What are the principles that should be followed in the division of property in divorce?

1) In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

2) In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

3) At the time of divorce, if one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies the debts may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.

4) In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

1. Bigamy;

2. A person who has a spouse cohabits with another person;

3. Committing domestic violence;

4. Abusing or abandoning family members.

3. How to distribute the property if the wife wants to divorce.

In principle, the joint property of the husband and wife shall be divided equally, and the rights and interests of the wife and the minor children will be taken care of. Legal conditions for divorce compensation: bigamy; A person who has a spouse cohabits with another person; committing domestic violence; Abuse or abandonment of family members.

Specifically, the conditions for divorce compensation are as follows: one party is bigamy or cohabitation with another person, commits domestic violence, and has abusive or abandoned behavior. The court decreed a divorce because of the above acts.

In other words, divorce compensation should be based on divorce, and if it does not reach the level of divorce, but is damaged during marriage, then damages between husband and wife should not be brought separately. The injured party suffers damage. There are two types of damages: property damage and moral damage.

The husband and wife may divorce voluntarily, and the parties to the voluntary divorce shall sign a written divorce agreement, and the divorce agreement shall be agreed upon through consultation on issues such as child support, property, and debts. The husband and wife may also file a lawsuit for divorce, and the people's court shall first conduct mediation in the trial of the divorce case, and grant the divorce when there is bigamy or cohabitation with others, domestic violence, abuse, abandonment, gambling, drug abuse, habit, repeated education, separation for two years due to emotional incompatibility, or other circumstances where mediation is ineffective.