The husband was imprisoned for five years for gambling, and the wife wanted a divorce, but the husba

According to the law, if the husband is serving a prison sentence and the woman requests a divorce, she may file a lawsuit with the people's court of the plaintiff's habitual residence, and the people's court will conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

Legal basis: 1. Article 32 of the Marriage Law Where a man or a woman requests a divorce, the relevant departments 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.

2. Article 22 of the "Civil Procedure Law" The following civil lawsuits are under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China;

2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing;

3) Litigation against persons subject to compulsory educational measures;

4) Proceedings against incarcerated persons.

Legal analysis: If the other party does not agree to the divorce, he can go to the court to sue for divorce.

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 a divorce lawsuit, the other party shall be allowed to accept the divorce.

If, after the people's court has ruled that the divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Marriage is actually a destination for many people, I think, but if it is said that it is a bad person, then it may be a grave for women, and there may be many wives who find out that their husbands have many bad little problems or very serious habits after marriage.

At this time, you must talk about this matter to your husband as soon as possible, don't blindly connive, for example, you love to drink and play cards, of course, these two things are not actually that you can't do it, you can only say that there is a degree of everything, if it is said that after getting married, the husband drinks outside every day, or gambles outside every day, then I think such a marriage is really unnecessary.

If you really encounter this kind of husband who is addicted to gambling and does not know the person who has repented, as a woman, she should make a decision immediately, and can directly submit a divorce request to the people's court, of course, the court will also verify and make some adjustments, if it has been confirmed that the relationship between the two couples has broken down, and there is no way to mediate, then the divorce request will be granted.

In particular, if this gambling habit is repeated, the court will also mediate, but if it does not change repeatedly, the court should order the parties to divorce.

It's not a big deal to gamble and entertain once in a while, but if gambling is really the most important thing, then one day this marriage will end, and everyone should have seen a lot of news, because gambling has caused the wife to be separated, and the family property has been ruined.

And for the husband and wife, if one party has such a vice, it is also very bad for the child's education, and it is better for the two to separate at this time.

So if you want to divorce your husband who is addicted to gambling, the court will not directly pronounce the judgment, but will mediate and find out first, so as a woman, you must have the evidence of the other party's gambling habits, and have more evidence, so that you can get out of this marriage.

You can directly sue for a judgment, the court can mediate, and if mediation is not possible, you can pronounce a divorce.

You can directly sue for judgment, because in this process, you need to understand the specific matters first, and then deal with this aspect, so as to ensure that you can ensure that your personal rights and interests are protected in the event of divorce.

It should be possible, you can prepare the indictment and some identification, you can go and sue him, and then after the judgment of the law, you can get a result.

It's not so simple to want to divorce a gambler, and the husband must also come up with evidence, have evidence, and write an indictment, and after the verification of the relevant parties, and multiple signatures, it is possible to get the verdict.