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The first: first of all, it is necessary to prepare enough to prove that the parties are husband and wife, which is a marriage certificate, or a paper certificate of the marriage registration authority. The second:
Both parties need to prepare evidence that they broke down in their married life after they became husband and wife. It can also be proof of the fact and reason for separation, and if the relationship does not meet the legal standard of broken down, it will also be rejected. The third:
If it has been separated, then the parties need to show proof of continuous separation for more than two years, and generally speaking, after living separately for two years, it can be determined that there is no emotion. Note that the premise is that they have not lived together for two years, not two years on and off. Fourth:
This is for divorced couples with children, because they have children, they are required to provide proof of the basic information and custody status of the children. This includes whether the child is legitimate, adopted, or stepchild. It needs to be clear who will continue to live with the child as a caregiver.
If it is an adult child, it depends on whether the adult child is financially independent. Fifth: The spouse of an active-duty serviceman requests a divorce, and the serviceman does not agree to allow the divorce, unless one of the servicemen is seriously at fault.
Gross negligence refers to: (1) bigamy or cohabitation with another person; (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 repeatedly. Sixth:
The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. For example, if the woman is not the man's son during pregnancy, the man can request a divorce during this period.
Article 34 of the Marriage Law stipulates: "The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy." This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.
If the man files for divorce at this time, on the one hand, it will definitely bring a greater mental blow to women, affecting women's physical and mental health and the development of children, and at the same time, it will also make women face a serious economic crisis, which will increase the pressure on women. However, during this period, if the people's court deems it necessary or if the woman files for divorce, this limitation does not apply.
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The six conditions that do not allow divorce are: 1. During the woman's pregnancy, within 1 year after childbirth, or within 6 months after the termination of pregnancy; 2. The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen has major faults; 3. The relationship between husband and wife has not broken down; 4. Forced or coerced divorce; 5. There is no other legal guardian willing to take care of a mentally ill person or a special patient who needs long-term guardianship and care in a vegetative state; 6. Fake divorce due to debt evasion or personal gain.
[Legal basis].Article 1082 of the Civil Code of the People's Republic of China A man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
Article 1081 The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen has major faults.
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Under normal circumstances, the husband may not file for divorce if the woman is pregnant, or within six months of pregnancy or termination of pregnancy, except where the woman files for divorce.
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Be mentally ill or planted.
Military marriage issues. The woman has just given birth, within a year.
The relationship is not broken.
The court ruled that the divorce was not allowed, or the lawsuit was withdrawn during the court decision.
Divorce under duress.
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The law stipulates that the husband may not file for divorce if the woman is pregnant or pregnant, or if the pregnancy period is less than six months after the end of the pregnancy, unless the woman files for divorce.
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If the husband files for divorce within six months of the termination of pregnancy, and the woman does not agree, the divorce cannot be filed.
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