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Hello, after marriage, if one of the spouses has a serious illness, it is also possible to divorce.
There is no requirement for divorce under Chinese law, and if you think the marriage is unhappy, you can dissolve the marriage regardless of the circumstances. At present, there are only two types of divorce in China, divorce by agreement and divorce by litigation. Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce formalities together.
Litigation divorce is when one party goes to court to sue for divorce. After filing the case, ** trial, and finally getting the divorce judgment or mediation letter.
Whether it is a divorce by agreement or a divorce by litigation, it is restricted by law. There is a 30-day cooling-off period for divorce by mutual agreement, which requires the husband and wife to apply together, and then go through the divorce procedures together after 30 days after the application. In a litigated divorce, the husband may not sue for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.
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 1077:Within 30 days from 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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 1079:In any of the following circumstances, where mediation is ineffective, a divorce shall be granted.
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.
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Of course, divorce is allowed, and if you both reach a consensus, you can go to the Civil Affairs Bureau to agree on a divorce; If the negotiation fails, you can go to court to file a lawsuit. Divorce can be obtained with or without major illness.
Also, there is no new marriage law, that is the Civil Code.
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OK. The Marriage Act protects legal marriages and does not oppose divorce. If both spouses find that one of the spouses has a serious illness and the other spouse feels that he or she cannot afford it, divorce is acceptable.
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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 after repeated attempts; (4) They have been 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.
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This is also not allowed from an emotional point of view, only if there is one party. If you don't agree, if the fortune teller doesn't agree, it will definitely be a bit difficult for you to get a divorce.
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Divorce is possible, but the cooling-off period is extended to one year, and both parties are required to do so, making it more difficult to divorce.
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In this case, a divorce by mutual agreement is possible.
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