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Anonymous users2024-02-13Prisoners can be divorced while serving their sentences.
The law stipulates that if the husband and wife divorce completely voluntarily and the issues of property and custody are agreed upon, they can choose to divorce by mutual agreement.
If one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a lawsuit for divorce with the people's court.
According to Article 22 of the Civil Procedure Law, the following civil lawsuits shall be 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 basis: 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.
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Anonymous users2024-02-12Divorce is possible while serving a prison sentence. It is only because the inmate is a person whose personal freedom is restricted, unless the prison agrees that the inmate can go to the Civil Affairs Bureau to go through the divorce formalities, the inmate cannot divorce by agreement, but can file for divorce. If a prisoner initiates divorce proceedings, he or she shall file a lawsuit with the court where his spouse is located.
If the spouse files a lawsuit, the divorce shall be filed with the court where the plaintiff (spouse of the prisoner) is located, since the prisoner is the person against whom compulsory measures have been taken.
Legal basis: Article 22 of the Civil Procedure Law: The people's court at the place where the plaintiff is domiciled has jurisdiction over the following civil lawsuits; 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.
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Anonymous users2024-02-111. Can I get a divorce while serving my sentence?
1. Divorce is possible while serving a prison sentence. Where a prisoner is divorced, a divorce may be conducted by litigation, and in such a case, the people's court for the plaintiff's domicile has jurisdiction; 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
2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses 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.
3. How to apply for parole while serving a sentence.
1. For convicts sentenced to fixed-term imprisonment or life imprisonment, including those sentenced to death with a two-year reprieve, commuted to life imprisonment or fixed-term imprisonment on parole, the prison district where the convict is located is to collectively study and submit opinions, submit an application form and announce it among the convicts, and after review by the competent department of the prison and approval by the prison director, the prison is to submit a written recommendation and request that the local intermediate people's court make a ruling in accordance with law;
2. For parole of convicts sentenced to life imprisonment, the prison where the convict is located is to submit a written recommendation, report to the provincial, regional, or municipal prison management bureau for review, and then request that the High People's Court make a ruling in accordance with law;
3. The probationary period of parole for fixed-term imprisonment is the sentence that has not been completed = the probationary period of parole for life imprisonment is 10 years;
4. Parole shall not be granted without legal procedures. The results of parole should be made public among the offenders.
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Anonymous users2024-02-10Legal Analysis: Prisoners can be divorced. Prisoners are persons whose personal liberty is restricted, and they cannot be divorced by agreement unless the prison agrees to go to the Civil Affairs Bureau for divorce, or the Civil Affairs Bureau sets up a temporary office in the prison.
In the case of divorce by litigation, if a person serving a sentence initiates a divorce lawsuit, the person serving the sentence shall file a lawsuit for divorce with the people's court for the place where his spouse is domiciled.
If the spouse of a prisoner files a divorce action, the lawsuit should be filed with the court of the place where the plaintiff (i.e. the spouse of the prisoner himself) is domiciled.
Legal basis: 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 related to identity relationships raised 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.
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Anonymous users2024-02-091. Divorce can be agreed upon while serving a sentence, and divorce can be registered as long as both men and women reach a consensus through consultation.
2. If the marriage registration authority ascertains that the two parties have indeed voluntarily divorced and secretly married, and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.
3. Legal basis: Civil Code
Article 1078: [Divorce Registration] Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus through consultation on matters such as child support, property, and debt handling, they are to register and issue a divorce certificate.
2. How to handle divorce for inmates.
Since Gao Beiduan can be divorced, how can a prisoner handle a divorce? Like ordinary people, divorce from prisoners also includes two forms: divorce by agreement and divorce by litigation.
The divorce of a prisoner includes a divorce filed by a prisoner and a divorce filed by a prisoner. Different situations involve different procedures, which are described below.
1. Divorce by agreement.
In this case, a divorce agreement must be signed regardless of whether the divorce filed by the inmate or the divorce filed against the inmate. Generally, the party who is not serving a sentence goes to the prison or other place where the sentence is serving his sentence to sign a divorce agreement, and the civil affairs department of the place where both parties are domiciled or habitually resides goes to the prison to register the divorce, so as to ensure that both parties agree to divorce by agreement when they are willing to do so, and reach an agreement on issues such as the division of property and child support.
2. Divorce by litigation.
1) Divorce from a prisoner.
In this case, if the spouse of the prisoner (the plaintiff) is also imprisoned or re-educated through labor, the plaintiff should file a divorce lawsuit with the people's court of the prisoner's original residence; If the defendant has been imprisoned or re-educated through labor for more than one year, the plaintiff shall file a divorce lawsuit with the people's court of the place where the defendant is imprisoned or re-educated through labor; However, if the plaintiff is not imprisoned or re-educated through labor, the plaintiff can file a lawsuit directly in the people's court where the plaintiff is domiciled.
2) The inmate wants a divorce.
Because a prisoner is serving a sentence in prison and his or her freedom of movement is restricted, he or she may file a divorce petition with the prison department and request that the prison department refer it to the court. The court usually sends staff to the prison. Court judges tend to be more cautious when they arrive at the scene to hear cases.
If mediation is possible, the court will allow the parties to complete the divorce agreement under mediation; If mediation is not possible, the decision on whether or not to divorce will be made on the basis of facts and law in accordance with the ordinary procedure.
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Anonymous users2024-02-08The judge will go to prison for a time to rule that the divorce needs to be resolved in the second instance, but if the woman is pregnant and breastfeeding after marriage, she can only divorce through litigation. Therefore, under normal circumstances, the court will not accept the divorce lawsuit. Because both parties to a divorce by mutual agreement must be present, it is impossible to divorce by mutual agreement.
But whether in prison or outside, Good Omen grants a divorce in accordance with the law, but it needs to go through the court and refuse the divorce. Generally, the court has to go through judicial mediation, so it can only sue for divorce.
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Anonymous users2024-02-07Legal analysis: At present, divorce in China is divorced by agreement and litigation, but because the husband and wife cannot be together for special reasons, the divorce procedures can only be handled through the court. A party who is not serving a sentence may file a complaint with the court, and the court will serve the complaint on the party serving the sentence and sign it.
If the party serving the sentence does not agree to sign, the court may also arrange a time for the trial to be heard at the place where the party serving the sentence is serving the sentence. In the end, the court will make a judgment based on whether the relationship between the husband and wife has broken down. Although one party is a prisoner serving a sentence and his personal freedom has been stripped of him, the judgment of divorce under Chinese law also has a legal basis, which is fair and reasonable.
Legal basis: Article 1076 of the Civil Code 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 1077 of the Civil Code: 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.
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