If you have been married for a year and are basically sexless, can you file for divorce on this grou

Updated on society 2024-08-01
9 answers
  1. Anonymous users2024-02-15

    Hello! Of course, it is possible to file for divorce.

    First of all, it is recommended that you communicate with your husband to see if you can get together and disperse. Fighting for a divorce by mutual agreement is the best policy.

    Secondly, if your husband insists on not wanting to divorce, you can sue the court directly for divorce, and the reason for the lawsuit is preferably the breakdown of the relationship to save face for your husband. If your husband knows that you are thinking about him everywhere (if you don't know, you can also clearly point to him) no longer object to your divorce request, and agree to divorce or the court will grant a divorce immediately, which is the best policy.

    Third, if he is stubborn, or if the court does not support your claim, you can consider telling the judge and other judges the fact of his sexual impotence. This is the next policy, and I hope it will not be used.

    Finally, I wish you all the best!

  2. Anonymous users2024-02-14

    Yes, the law supports you, and I support you.

    According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. "The relationship between husband and wife has indeed broken down" is a legal condition for a divorce. "The relationship has indeed broken down" is a substantive requirement, and it is a legal condition for granting and not granting divorce.

    "Mediation is invalid" is a procedural provision and cannot be regarded as a statutory condition for a divorce. Mediation should be carried out in the trial of divorce cases, and many cases in which mediation is ineffective are cases where the relationship has indeed broken down, and in this sense, "mediation is ineffective" is a reflection of "the relationship has indeed broken down". In some divorce cases, although "mediation fails", it is not that the relationship between the husband and wife has "broken down".

    In mediation work, there are often differences between focus and ineffectiveness, in-depth and in-depth, etc., which directly affect the mediation effect. Years of civil trial practice have shown that the meanings of "mediation failure" and "relationship has indeed broken down" are not exactly the same, and "mediation failure" is not the same as "relationship has indeed broken down". Therefore, "ineffective mediation" should not be used as a basis for determining that "the relationship has indeed broken down".

    In trial practice, it is not necessary to completely equate "the relationship has indeed broken down" with "mediation has failed". Nor should "mediation fail" simply be used as a sign that "feelings have indeed broken down". Don't even use "ineffective mediation" as a legal condition for deciding a divorce.

    The legal condition for a divorce is only that "the relationship has broken down".

    Circumstances that lead to the breakdown of the relationship between the husband and wife: one of the spouses has physical defects or other reasons and is unable to have sexual intercourse (other conditions are omitted).

  3. Anonymous users2024-02-13

    Yes, but it's not good to hear.

    You have to find out if your husband is frigid or if he is messing around outside and doesn't want to face you and live as a couple. If it is the former, why divorce because of this, divorce and remarriage are not worth it. If it is the latter, I advise you to leave early, but you do not have to divorce on the grounds of living without a couple.

  4. Anonymous users2024-02-12

    OK. But the evidence must be conclusive, and you must be not at fault.

  5. Anonymous users2024-02-11

    OK. But it needs to be certified by the hospital. Proof that your husband has a problem with this.

  6. Anonymous users2024-02-10

    1.Why not.

    2.Do you still love him.

    3.Have you really decided?

    Think about it before leaving.

    In fact, if you really want to leave the form of passing the law, you can do it in the end, but what did you love him at the beginning, why should you be together, is it only because of this now? I think you have to think it through.

  7. Anonymous users2024-02-09

    Is there something wrong with him, take him to the hospital to see.

  8. Anonymous users2024-02-08

    Come to me, I need it very much.

  9. Anonymous users2024-02-07

    If there is no tacit sex for more than a month, it is a sexless marriage.

    Sexless marriage can be sued for divorce, husband and wife enjoy each other's spousal rights, the core of spousal rights is sexual rights, the realization of such rights and obligations requires both parties to perform and coordinate at the same time, and the two parties are both the subject of rights and obligations, both are indispensable. Attention should be paid to the issue of litigation of sexless marriage: attention should be paid to the collection of evidence related to sexless marriage.

    If one of the spouses has a physical or mental illness that prevents them from having sex, they should first be active. In the event of invalidity, the other party should keep the relevant medical records. In case of difficulties in adducing evidence in litigation.

    If there is no relevant evidence to substantiate it, it will be difficult for the party responsible for the case to obtain strong evidence when the other party denies that there is no marital life. According to the principle of "whoever asserts, who bears the burden of proof", the party who bears the burden of proof will bear the burden of failing to provide evidence. Therefore, in the divorce proceedings of sexless marriages, it is necessary to ensure that the evidence is obtained first before the lawsuit is carried out.

    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 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 returns to the court and initiates a divorce lawsuit, 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 1080:The marriage relationship is dissolved when the registration of the divorce is completed, or the divorce judgment or the written settlement of the divorce takes effect.

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