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Anonymous users2024-02-13The wife is sick and can be divorced. According to Chinese law, marriage is voluntary and divorce is free. Everyone has the right to decide whether to marry or divorce according to their own wishes.
If one of the spouses is sick, both parties may negotiate a divorce and go to the Civil Affairs Bureau to register the divorce; If only one party wants a divorce, they can go to court to sue for divorce. However, if the wife's illness is mental illness and she loses civil capacity, the husband cannot deceive her into registering the divorce. In this case, the husband can only go to court to sue for divorce.
In addition, if one of the spouses is sick, the other spouse should give him or her appropriate financial assistance at the time of divorce. Or in the distribution of property, give the wife an appropriate share. Article 1076 of the Civil Code provides that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
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.
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Anonymous users2024-02-12If your wife is sick and you can get divorced, you can get married in two ways:
1. Divorce by agreement, both parties voluntarily divorce, sign a divorce agreement, and go to the marriage registration authority for divorce registration;
2. In the case of divorce by litigation, one party goes to the court to sue for divorce, and the court will decide whether to grant the divorce according to whether the relationship between the husband and wife has broken down.
Article 1076 of the Civil Code of the People's Republic of China provides that where a 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 1079 of the Civil Code of the People's Republic of China provides that if 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 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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Anonymous users2024-02-11If the relationship between the husband and wife has indeed broken down due to the wife's illness, the divorce can be granted, and the parties can divorce by agreement or through litigation.
1. Now that the man has been sentenced, how to divorce.
If one party is serving a prison sentence, the other party may divorce by mutual agreement or by filing a lawsuit with the court. Where divorce is agreed upon, a divorce agreement may be prepared for the party serving the sentence to sign, and the other party may take the agreement and judgment separately to the Civil Affairs Bureau to go through the divorce formalities; If you sue for divorce, you need to prepare the following materials: 1. Complaint; 2. Relevant evidence that the relationship between the husband and wife has indeed broken down.
If you sue for divorce, you can file a lawsuit for divorce in the people's court where your household registration is located.
2. What should the husband do if he is unwilling to divorce?
There are two ways of divorce stipulated by law in our country, one is to go to the Civil Affairs Bureau for divorce by agreement, and the other is to go to the court for divorce. If one party does not agree to the divorce, the divorce can only be done through court proceedings.
One party unilaterally sues for divorce and submits a divorce complaint directly to the court, and after the court accepts the case, a summons is served on both parties to notify the trial time.
The court first conducts mediation, and after mediation, if it is found that the relationship between the husband and wife has indeed broken down and there is no possibility of reconciliation, the court can make a judgment granting the parties a divorce.
3. What should I do if I get divorced due to family disputes?
If you are divorced due to family disputes, you can choose the divorce method according to the specific circumstances. There are two ways to choose from divorce, one way is to divorce by mutual agreement, negotiate with both parties to go to the Civil Affairs Bureau to go through the relevant divorce procedures, in this case, both men and women agree to divorce. Another way is to go to court to file a divorce lawsuit, which is for one party who does not agree to the divorce.
The criterion for the court to grant divorce is that the relationship between the husband and wife has broken down, and the relationship between the husband and wife is determined on the basis of the circumstances between the man and the woman.
Civil Code of the People's Republic of China
Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.
To be clear, there is a problem with your mental health, which may not have reached the severity of illness, but at least it has deviated from the track of health, at least it is a psychological "sub-health". Hurry up and find a psychologist for consultation**, and communicate with your wife frequently. If you really have doubts or pressure, don't suppress yourself, vent it appropriately, and don't force a smile if you are not happy.
Legal analysis: If the wife has a mental illness and the relationship between the husband and wife has indeed broken down, it is possible to divorce. If the wife is intermittently mentally ill, the parties can choose to divorce by mutual agreement while she is mentally normal, or if not, they need to divorce through litigation. >>>More
Probably because you're not in good spirits.
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As long as two people have a true relationship, it is acceptable, you can help your boyfriend see a doctor first, because it is okay to see a doctor, so it is acceptable to say that your boyfriend is sick.