The sequelae of the man s high blood pressure, the woman files for divorce, is the marriage protecte

Updated on society 2024-06-29
14 answers
  1. Anonymous users2024-02-12

    First of all, it must be made clear that there is no provision that the other party cannot file for divorce if one party is sick. Because the law protects citizens with the right to freedom of divorce.

    Secondly, in this case, if the husband does not want to divorce, the woman can unilaterally go to the court to sue for divorce. According to Article 32 of the Marriage Law, if a man or a woman requests 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 other words, the only basis for the court to decide whether the parties are divorced is that the relationship between the parties is broken down and they cannot live together, which has nothing to do with whether one party is sick or not. According to paragraph 2 of Article 32 of the Marriage Law (Amendment), "the people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

    This provision shows that after a man and a woman file for divorce, whether or not to grant a divorce does not depend on whether the other party agrees to the divorce, but on the basis of whether the relationship between the husband and wife has indeed broken down and whether the mediation has been invalid.

  2. Anonymous users2024-02-11

    No matter what the man's current situation is, the woman still has the right to ask for a divorce, because the marriage law stipulates that divorce is free.

  3. Anonymous users2024-02-10

    If one of the spouses is sick and does not heal after treatment, resulting in the breakdown of the relationship between the husband and wife, the divorce can be granted. However, judging from judicial practice, one party should bear the obligation to support one, and the court is unlikely to advocate a divorce in such a situation.

    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 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 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) 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.

  4. Anonymous users2024-02-09

    The issue of divorce is an intra-family conflict, and the law only stipulates a matter of procedure, and the key to whether to decide whether to grant divorce and whether there is compensation is still left to the judge to deal with it according to the specific circumstances of the case.

  5. Anonymous users2024-02-08

    In the above cases, the wife can file for divorce. The law does not stipulate that if one party has health problems, the other party is not allowed to divorce.

    1. [No prohibition can be the principle].

    The law does not stipulate that if one spouse is sick, the other spouse is not allowed to divorce. According to the principle that no prohibition is sufficient, since there is no prohibition provision, it is an act permitted by law. Therefore, it is possible to file for divorce.

    2. [The Marriage Law stipulates that "other circumstances that lead to the breakdown of the relationship between husband and wife" can be recognized as conditions for divorce].

    Article 32 of the Marriage Law stipulates the statutory conditions for divorce, one of which is "other circumstances that lead to the breakdown of the relationship between the husband and wife", which can be determined as a condition for divorce. And this situation includes all aspects of real married life. As long as one of the parties loses affection for the other party due to a certain circumstance, and there is no room for recovery, it can be determined that the relationship has broken down.

  6. Anonymous users2024-02-07

    Theoretically, it does not affect the judgment of divorce. However, in practice, if there is no evidence of a breakdown of the relationship, a divorce cannot be granted.

  7. Anonymous users2024-02-06

    The woman should not mention the divorce because you have high blood pressure or anything. There must be a problem of its own.

    If it's really a relationship problem, let's let each other live.

    But I don't think the court will arbitrarily decide. It will definitely come according to your actual situation.

  8. Anonymous users2024-02-05

    Divorce can be decreed. As long as the woman provides sufficient evidence to prove that you are indeed in a relationship. It has nothing to do with your illness, there is a mediation process first.

    Even if the sentence is not made this time, if the woman insists on suing again, it is possible that the sentence will be awarded. After all, it is immoral to marry without feelings. Freedom to marry and divorce is also free.

  9. Anonymous users2024-02-04

    Depending on the situation, it is not because you are sick that you cannot get a divorce.

  10. Anonymous users2024-02-03

    In principle, if one party is sick, the court will not easily grant a divorce, the time will drag on for a long time, and it will take many mediations, etc., if one party insists on divorce and is willing to compensate the other party, then the situation is uncertain!

  11. Anonymous users2024-02-02

    Laws and regulations stipulate that after one of the husband and wife is seriously ill, the other cannot be divorced, and the law cannot judge several marriages.

  12. Anonymous users2024-02-01

    I've been through it, and I can be divorced if I have a reason.

  13. Anonymous users2024-01-31

    Things should be done if they are really emotionally incompatible, but now that they are divorced, it will be difficult to remarry! You have to think about it! Don't be impulsive and regret it later.

  14. Anonymous users2024-01-30

    It should be, as long as there is a reason to do so

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