What are the six conditions that do not allow divorce

Legal analysis: Several situations in which divorce is not allowed are as follows: 1. The woman is pregnant or breastfeeding; 2. The spouse of an active-duty soldier files for divorce and the other party does not agree to the divorce and there is no major mistake; 3. The parties are not voluntarily divorced; 4. The relationship between the husband and wife has not broken down; 5. Both parties are not adults with full civil liability; 6. The original marriage certificate cannot be provided at the time of divorce.

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

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: Several situations in which divorce is not allowed are as follows: 1. The woman is pregnant or breastfeeding; 2. The spouse of an active-duty soldier files for divorce and the other party does not agree to the divorce and there is no major mistake; 3. The parties are not voluntarily divorced; 4. The relationship between the husband and wife has not broken down; 5. Both parties are not adults with full civil liability; 6. The original marriage certificate cannot be provided at the time of divorce.

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

1. The woman is pregnant or breastfeeding;

2. The spouse of an active-duty soldier files for divorce and the other party does not agree to the divorce and there is no major mistake;

3. The parties are not voluntarily divorced;

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

5. Both parties are not adults with full civil liability;

6. The original marriage certificate cannot be provided at the time of divorce.

Civil Code of the People's Republic of China

Article 1079.

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. 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 the people's court finds it truly necessary to accept the husband's request for divorce.

Divorce is not allowed in any of the following circumstances: 1The serviceman on active duty has no major fault, and the serviceman's spouse does not agree to the divorce.

2.The husband files for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. 3.

In divorce cases where a judgment does not allow divorce and mediation is settled, and the plaintiff withdraws the lawsuit or handles it as withdrawn, and there are no new circumstances or new reasons for filing for divorce within six months. 4.The relationship between the husband and wife has not broken down.

5.Divorce under duress or coercion. 6.

Not having a legal marital relationship. Article 1082 of the Civil Code provides that the husband shall 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.

Six conditions that do not allow divorce: 1. The man shall not file for divorce during the woman's pregnancy; 2. The man shall not file for divorce within one year after the woman gives birth; 3. The man shall not file for divorce within six months after the termination of the pregnancy; 4. If the spouse of a serviceman on active duty requests a divorce, he or she shall obtain the consent of the serviceman; 5. The relationship between the husband and wife has not been broken; 6. One party is coerced into divorce, etc.

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. 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 of the Civil Code of the People's Republic of China The spouse of a serviceman on active duty shall obtain the consent of the serviceman when requesting a divorce, except where one of the servicemen has major faults.

The six conditions under which a divorce is not possible are as follows:

1. 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. During this period, many women voluntarily quit their jobs in order to have children, and they have no income at this time. If the man files for divorce, it may put the woman in a serious financial crisis and increase the pressure on them.

In addition, divorce is a laborious matter, and in the process, it will inevitably cause a certain mental impact on women, and even affect the development of children. However, if the people's court deems it necessary or the wife files for divorce, it is not subject to the above conditions;

2. In cases where a judgment does not allow divorce and mediation reconciles divorce, or a judgment or mediation to maintain an adoption relationship, where there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it will not be accepted. The main purpose of this provision is to prevent the divorce request from being rejected by the court today and then going to court again tomorrow, resulting in a repeated situation. To put it simply, in order to calm down both parties, re-examine the marriage to see if they really want to leave.

Therefore, when a new situation occurs and there are new reasons, the lawsuit can be filed within 6 months after the court decides that the divorce is not allowed;

3. The spouse of a serviceman on active duty shall obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault. The military shoulders the important mission of defending the homeland and the country, and the profession of military personnel has its own particularities. Therefore, the law adopts special protection for military marriages, and the spouse of a soldier who wants to divorce must obtain the consent of the soldier.

However, if one of the military members is grossly at fault, the other party can still ask for a divorce;

4. The relationship between husband and wife has not broken down. When the people's court hears a divorce case, "the relationship between the husband and wife has truly broken down" is the legal condition for granting a divorce.

To determine whether the relationship between husband and wife has indeed broken down, a comprehensive analysis will be made from the basis of marriage, post-marital feelings, reasons for divorce, the current situation of the relationship between husband and wife, and whether there is a possibility of reconciliation. If the relationship between the husband and wife can be repaired and there is a possibility of reconciliation, the court will generally not grant a divorce;

5. For the divorce of mentally ill patients and vegetative persons, China's laws also provide some special protections. If one party suffers from mental illness and the other party requests a divorce, it is necessary not only to protect the freedom of marriage of the healthy party, but also to facilitate the patient's ** and living arrangements, and attempt to unilaterally exempt themselves from their own responsibilities by way of divorce, which generally does not receive legal support. In the case of vegetative persons, since there is no clear legal provision, the way in which the marriage of the mentally ill is dealt with is basically also referenced;

6. Divorce under duress or coercion. The marital relationship is protected by the law, and any forced or coerced divorce is not allowed by law.

[Legal basis].

Civil Code of the People's Republic of China

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.