What kind of behavior between husband and wife should lead to divorce?

1. The wife is too strong in life.

Originally, married life was led by men and women. And in some relationships, the wife will appear too strong in handling things. It is equivalent to the wife solving all the problems by herself, and at the same time arranging everything.

Maybe the wife wants not to let her husband worry too much, but the other side of being too active and strong is that the husband is too passive in married life, he can't feel the dominant position in the family, and the psychology of inferiority is slowly emerging. This family made him unable to feel his own existence, so he began to want to find his dignity outside, to highlight his big manly side, and the chance of divorce would increase a lot under the premise of unstable feelings.

Second, the attitude is not respectful to the elders.

Couples are still ignorant of married life, and elders may come over to help take care of the family. They have a lot of life experience and are quick to deal with problems at first. But after all, there is a generation gap between them and young people, and some topics come out of their mouths as if they are nagging or complaining, so your attitude towards them is very different from the attitude of a husband and wife.

However, due to one party's disrespect for elders, the other party will see it all, this behavior will make the other party feel that you don't understand filial piety, and living with a person who doesn't understand filial piety can't see the long-term future, can the relationship continue to be maintained?

3. Indifference to marriage and family.

Life has to face many practical problems, and the two work hard to enable their families to live a richer material life, hoping to get room for improvement. But too much emphasis is placed on work in the mind, and the inner part of the family is neglected. The two of them just ate mechanically at home, washed dishes, mopped the floor, etc., and then lived their own lives.

There was no conversation between the two on the topic of family, this family could not give people a warm feeling, and it was difficult for people to continue to stay in the cold life, and separation was an inevitable result.

Criticism and negative behavior, it is inevitable that couples will be disappointed and dissatisfied with each other in their daily lives, and it is inevitable that they will complain about each other when they are disappointed. If this complaint is not expressed properly, it can be harmful to the couple.

Example: A man comes home late at night.

The first case:

Woman: "You said you were going home at 7 o'clock, why didn't you go home until now, and the food was cold." ”

This is a healthy expression, expressing the dissatisfaction in the heart, it will not hurt the marriage, but it will be helpful, conducive to communicating with each other, and being able to know where the other party is dissatisfied is.

The second scenario:

Woman: "Why did you come back?" Why are you always late? Always talking doesn't count! ”

This becomes criticism, bashing.

1. Husband and wife must divorce in five situations.

In five cases of husband and wife, the court must grant a divorce:

1. Bigamy or cohabitation with others;

2. Domestic violence;

3. Gambling or drug abuse is repeatedly taught.

4. Emotional discord and separation for two years (not two years of separation);

5. Other situations where the relationship between husband and wife breaks down.

6. Legal basis:

Civil Code of the People's Republic of China

Article 1079:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organizations 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.

2. Under what circumstances the man can sue for divorce?

The law does not stipulate the circumstances under which a man may sue for divorce, but only that a man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. This is a restriction on the man's right to sue for divorce, but there is also a tendency to make exceptions, if the woman's pregnancy is caused by adultery with another person after marriage, or if the woman's health has recovered after a miscarriage, the man can also file a divorce lawsuit.

Circumstances in which the husband and wife cannot divorce: the parties cannot agree on the divorce matters by mutual agreement; has not gone through a 30-day cooling-off period; The husband sues for divorce but the woman is pregnant, within one year after childbirth, or within six months of the termination of pregnancy; In the case of divorce by litigation, the relationship between the two parties has not broken down, and there is still the possibility of reconciliation.

[Legal basis].

Article 1076 of the Civil Code of the People's Republic of China.

Where the 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 1082.

The man may not file for divorce during the woman's 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 where the people's court deems it necessary to accept the man's request for divorce.

There are two types of divorce between husband and wife, one is divorce by negotiation and the other is divorce by lawsuit.

What are the requirements for the subject qualification to sue for divorce.

The requirements for the person initiating divorce proceedings are the requirements that the person who is required to initiate the divorce proceedings must meet, and if these basic elements are not met, the people's court will not accept them.

1. The initiation of a divorce lawsuit must be a party to the marriage relationship, and no other third party may file a divorce lawsuit as a litigant;

2. The party who initiates the divorce lawsuit must have a legal husband and wife relationship with the defendant, that is, both parties must be legal spouses, and other relationships cannot file a lawsuit for divorce;

3. The party who initiates a divorce lawsuit must have full civil capacity, and a person who does not have full civil capacity cannot file a lawsuit for divorce;

4. The party initiating the divorce lawsuit must submit a divorce complaint and a copy to the people's court, and the complaint must contain clear claims, facts, reasons, division of property, child custody and relevant evidence;

5. List of joint property of husband and wife (including real estate, **, bonds, etc.);

6. The plaintiff shall submit a marriage certificate or a certificate of conjugal relationship that can prove the legal relationship between the plaintiff and the defendant;

7. The plaintiff shall submit a divorce petition to the people's court with jurisdiction.

If the original defendant himself is unable to appear in court or believes that it is necessary to hire a person to participate in the litigation on his behalf, he may entrust a litigant to participate in the litigation in accordance with the law, but the original defendant must be a subject that meets the above requirements, and no one may **.

The relationship has indeed broken down, and you can apply for divorce after being separated for more than one year

If two people don't feel it, they can divorce, and they can negotiate a divorce.

I really don't love each other anymore, and I feel like I can't live together anymore.

(1) Where one of the spouses requests a divorce and the other party does not agree to the divorce.

Generally, there are two lawsuits, that is, after the judgment of the first divorce lawsuit is not separated, the second divorce is filed 6 months after the judgment has taken effect, and the court will not accept the divorce filed on the same grounds and the same facts for less than 6 months. The second time a lawsuit is filed for divorce, the court will basically grant a divorce. If there is no event such as the delivery of the notice, the whole process will take one year.

2) Both parties agree to divorce and have different opinions on the division of property and child support.

After the first-instance judgment of divorce, if you are not satisfied with the court judgment (mediation), you may file an appeal with the Intermediate People's Court within 15 days (10 days) from the date of receipt of the judgment (mediation document), and if you do not file an appeal within the time limit, the judgment (mediation) will take effect. If an appeal is not filed in a timely manner, after the judgment (mediation) takes effect, the parties cannot apply for a retrial on whether the divorce is divorced, but can only apply for a retrial on the relevant property division and child support issues.

Plaintiff's Litigation Stage:

1. Consult, hire a lawyer, or inquire about the law by yourself;

2. The plaintiff submits the complaint, copies and relevant evidence to the court;

3. The court shall review the documents and materials submitted by the plaintiff, make a decision on whether to file the case, and if it is not accepted, tell the reasons for not accepting it.

Defendant's Plea Stage:

1. The court shall serve a copy of the plaintiff's complaint on the defendant within five days from the date of filing the case, and inform the defendant to make a written defense;

2. The defendant shall make a written defense within 15 days from the date of receipt of the copy of the indictment served by the court, of course, the defendant may not reply, and the defendant needs to apply to the court for an extension of the defense period.

The rights of the defendant and the plaintiff can be found in the notice served by the court.

**Trial Stage:

The main thing is the trial, the plaintiff in the divorce lawsuit should be present, and if the defendant is not there, it will be postponed once. **, the parties argue and elaborate on the evidence and facts submitted. In general, the trial of divorce proceedings is divided into the following processes:

Court Investigation, Court Debate, Judge Mediation, Both parties summarize the court judgment or the mediation is successful, and issue a mediation letter.

It is normal for both spouses to bump and bump in their daily lives, but in special circumstances, if one of the spouses wants a divorce and the other party does not agree, you can consider suing for divorce, and the important factor for the court to decide the divorce is whether the relationship between the husband and wife is broken.