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Anonymous users2024-02-16The husband is in prison and can get a divorce through a lawsuit. According to article 146 of the Civil Procedure Law, the people's courts applying the summary procedures to hear cases shall complete the trial within three months from the date on which the case is filed. Article 32 of the Marriage Act provides that a divorce shall be granted if the relationship has indeed broken down and mediation fails.
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Anonymous users2024-02-15The district prison can negotiate with the other party, and you can agree to divorce, or you can go to the court where the prison is located to file a lawsuit for divorce.
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Anonymous users2024-02-14Legal Analysis: The husband can get a divorce through litigation while in prison. If both parties agree to divorce, the marriage can be dissolved through the pre-litigation mediation procedure provided that they have reached an agreement on the division of property and child support.
If mediation fails, the court grants a divorce on the condition that the relationship between the spouses has broken down.
Legal basis: "Civil Code of the People's Republic of China" Article 1079 Where one of the husband and wife requests a divorce, the relevant brother and wife 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.
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Anonymous users2024-02-13Sue for divorce. If the man is serving a prison sentence and the woman wants to divorce from the spring and lose the spine, she can file a divorce lawsuit with the local court, and the court will arrange for the judge to go to the prison where the man is serving his sentence after acceptance. If one party does not agree to the divorce, and the judge meets the conditions for divorce after trial and judgment, then the judge will grant a divorce.
[The basis of the law of withering Qiqi].Civil Procedure Law of the People's Republic of China》 Article 22: The people's court for the plaintiff's domicile has jurisdiction over the following civil litigation; 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 users2024-02-12Sue for divorce. If the man is serving a prison sentence and the woman wants to divorce, she can file a divorce lawsuit with the local court, and the court will arrange for the judge to go to the prison where the man is serving his sentence after acceptance. If one party does not agree to the divorce, and the judge meets the conditions for divorce after the trial, then the judge will grant a divorce.
[Legal basis].Civil Procedure Law of the People's Republic of China》 Article 22: The people's court for the plaintiff's domicile has jurisdiction over the following civil litigation; 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. Lawsuits related to identity relationships brought against persons whose whereabouts are unknown or who have been declared missing;
a lawsuit against a person who has been subjected to compulsory educational measures;
4) Proceedings against incarcerated persons.
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Anonymous users2024-02-11The husband can sue for divorce while he is in prison, but the difficulty in practice is to determine which court has jurisdiction over the case.
1) If both parties are serving sentences in prison and the defendant has served more than one year of sentence, the case shall be filed and accepted by the court in the place where the defendant is serving his sentence; Where the defendant has served a sentence of less than one year, the case is to be filed and accepted by the court for the defendant's original residence or habitual residence;
2) If the plaintiff is serving a sentence in prison, the case shall be filed and accepted by the court of the defendant's domicile or habitual residence;
3) If the defendant is serving a sentence in prison, the case shall be filed and accepted by the court of the plaintiff's domicile or habitual residence.
Once the competent court has been determined, the plaintiff can proceed in accordance with the usual divorce procedure.
Legal basis] 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.
When the people's court hears a divorce case, it should 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 or more, and one party fails to file a divorce lawsuit again, the divorce shall be granted.
1. The divorce request of the spouse of a prisoner can usually be upheld by the court. When determining whether the relationship between the husband and wife has indeed broken down, the court needs to comprehensively consider various factors such as the foundation of the marriage, the relationship after marriage, the current status of the marriage, and whether there is a possibility of reconciliation. In addition to the four circumstances specified in Article 32 of the Marriage Law, the imposition of a party to a long prison sentence is also an important legal basis for a judge to grant a divorce (Article 11 of the Supreme People's Court Interpretation). >>>More
A person in prison can get a divorce, which is the same as a general divorce, two ways, one is divorce by agreement, the two parties discuss it, and then the free party goes to the prison to sign the divorce agreement, and the civil affairs department goes to the prison to register the two people. Another way is to divorce by litigation, where the imprisoned party can submit the indictment to the prison and transfer it to the court, and the free party can file a lawsuit with the court where he or she is domiciled.
The question you are talking about is an issue of the right to dispose of immovable property. >>>More
Then go to court and sue for divorce.
Hello. 1.Divorce can be negotiated, sign a divorce agreement to deal with the issue of children's property, and then take the divorce agreement and marriage certificate to the civil affairs bureau to go through the divorce procedures. >>>More