Six conditions do not allow for divorce

The six conditions under which a divorce is not allowed are:

1. The woman is pregnant, the woman has given birth for less than one year, or within six months after pregnancy, the man cannot apply for divorce.

2. Divorce cases in which the court decides not to allow divorce, and the husband and wife reconcile through mediation, and the plaintiff withdraws the lawsuit or handles it in accordance with the withdrawal of the lawsuit. A divorce case in which the plaintiff sues for the second time within six months and there are no new grounds.

3. In a divorce case, one of the parties is a mentally ill, vegetative person or other special group and will be protected by marriage.

4. When the spouse of an active military member requests a divorce, he or she must obtain the consent of the serviceman. If one of the active military members is seriously at fault, the divorce may be granted.

5. Threatening to force the other party to divorce or being forced to divorce.

If the above six conditions are present in a divorce case, the divorce will not be granted.

Divorce is a major event, and many couples have conflicts with each other, and divorce can generally be smoothed out if both parties are consensual. First of all, if the relationship between the husband and wife has not developed to a state of breakdown, the law does not allow divorce. After all, it is a very rare thing for two people to walk together and enter the marriage hall.

Therefore, after clarifying the reasons for divorce, it is necessary to seriously consider that the husband and wife reach an agreement after communication and carry out a divorce by agreement.

If one of the parties does not agree to the divorce, the other party can sue the court for a divorce as long as there is a valid reason.

Legal basis

Article 1082 of the Civil Code stipulates that 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; 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 1079 of the Civil Code 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.

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.

Legal analysis: 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. Divorce proceedings are not allowed to be divorced and divorced through mediation.

The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce, unless one of the military personnel is seriously at fault. The relationship between husband and wife has not broken down. Persons who are persons with no or limited capacity for civil conduct cannot be registered for divorce.

Where one party is coerced or forced to divorce, the divorce registration shall not be handled.

Legal basis: 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 disposition, they shall register and issue a divorce certificate.

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. 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 gambling, drug abuse, or other vices that have been repeatedly taught; (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. 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.

Article 1082:The man must not file for divorce during the woman's pregnancy, within one year after giving birth, 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.

Marriage Registration Ordinance

Article 12: In any of the following circumstances, the marriage registration authorities shall not accept the divorce if the parties to the divorce registration process have not reached a divorce agreement; (2) They are persons with no or limited capacity for civil conduct; (3) The marriage registration was not handled in Chinese mainland.

The six conditions that do not allow a divorce are as follows:

1. The man shall not file for divorce during the woman's pregnancy, within one year after giving birth or within six months after the termination of pregnancy;

2. In divorce cases where the judgment does not allow divorce and mediation and reconciliation, and where the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff blocks the lawsuit and sues again within six months, it will not be accepted;

3. 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 is seriously at fault;

4. The relationship between husband and wife has not broken down;

5. Marriage protection for special groups such as the mentally ill and vegetative people;

6. Divorce under duress or coercion.

The rules for divorce are as follows:

1. If the spouse of a soldier asks for a divorce, he must obtain the consent of the soldier, and if he has not committed a major mistake, he is not allowed to divorce;

2. The relationship between parents and children is inseparable, so even after divorce, there is still the obligation to support parents;

3. At the time of divorce, the joint property of the husband and wife must be agreed upon by both parties, and if the agreement between the two parties fails, the people's court shall make a judgment based on the actual situation;

4. After the divorce, if the man and the woman want to resume the relationship between husband and wife, then they must go to the marriage registration office to register the remarriage again.

Article 1082 of the Civil Code of the People's Republic of China.

The husband shall not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, there is an exception for filing for divorce or where the people's court deems it necessary to accept the husband's request for divorce.

Summary. Hello dear! We'll be happy to answer for you; There are six types of laws that do not allow divorce:

1. The man shall not file for divorce during the woman's pregnancy, within one year after giving birth or within six months after the termination of pregnancy; 2. In divorce cases where divorce is not allowed and mediation is reconciled, and where the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it will not be accepted. 3. 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 is seriously at fault;

4. If the relationship between the husband and wife has not broken down, if the relationship between the husband and wife can still be repaired, and there is still the possibility of reconciliation, the court will generally not grant a divorce. 5. For the divorce of mentally ill persons and vegetative persons, China's laws also provide some special protections. 6 It must be completely voluntary, and any divorce that is forced or coerced is not allowed by law.

Hello dear! We'll be happy to answer for you; The law provides for the following six types of divorce that are not permitted: 1. 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.

2. In divorce cases where the judgment does not allow divorce and mediation and Lu Xianhao, and the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff sues again within six months, it will not be accepted. 3. 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 is seriously at fault; 4. If the relationship between the husband and wife has not broken down, if the relationship between the husband and wife can still be repaired, and there is still the possibility of reconciliation, the court will generally not grant a divorce.

5. For divorce issues such as those who are hungry and in a vegetative state, China's laws also provide for some special protections. 6 It must be completely voluntary, and any divorce that is forced or coerced is not permitted by law.

Legal basis: Article 1081 of the Civil Code of the People's Republic of China Where the spouse of an active-duty soldier requests a divorce, the consent of the serviceman shall be obtained, except where one of the servicemen has major faults. Article 1082:The husband must 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 124 of the Civil Procedure Law of the People's Republic of China: The people's courts shall handle the following lawsuits in different circumstances: (1) In accordance with the provisions of the Administrative Litigation Law, if it is within the scope of administrative litigation, inform the plaintiff to initiate an administrative lawsuit; (2) If, in accordance with the provisions of law, the parties have reached a written arbitration agreement to apply for arbitration, and shall not file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution; (3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution.

Summary. I am happy to answer for you, dear, the six conditions do not allow divorce as follows: 1. The woman shall not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy; 2. In divorce cases where divorce is not allowed and mediation is reconciled, and where the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it will not be accepted. 3. 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 is seriously at fault; 4. The relationship between husband and wife has not broken down; 5. Marriage protection for special groups such as the mentally ill and vegetative people; 6. Divorce under duress or coercion.

I am very happy to answer for you, pro-fiber, six conditions that do not allow divorce such as pure eyes: 1. The woman shall not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy; 2. In divorce cases where divorce is not allowed and mediation is reconciled, and where the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it will not be accepted. 3. 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 is seriously at fault; 4. The relationship between husband and wife has not broken down; 5. Marriage protection for special groups such as the mentally ill and vegetative people; 6. Divorce under duress or coercion.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China prohibits a man who may file for divorce during pregnancy, within one year after childbirth, or within six months after the final call for pregnancy; However, except where it is prudent to file for divorce or where the people's court deems it necessary to accept the husband's request for divorce.