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The spouse leaves without divorce, in fact, there is no clear provision in the law on what kind of legal consequences need to be borne. However, not having a divorce will also affect your future life, and it is recommended that we try to handle the divorce when the relationship breaks down, so as to avoid affecting the beginning of your next relationship because of this unended marriage. It is important to know that cohabitation with someone else without a divorce or intimacy with someone else will be held legally responsible.
For those who want to divorce, they should have such a feeling that it is difficult to get married, and it is even more difficult to divorce, after all, they need to consider too many issues when divorcing, and the other party may not necessarily agree to divorce. This also caused two people who were originally close to each other to become enemies. Some spouses leave directly when they find out that the other party is unwilling to divorce, which is actually okay, but there are certain safety risks.
If the spouse leaves without divorce, he does not need to bear any legal responsibility, at least there is no such provision in the law. If we really want a divorce, we can separate for two years if we are emotionally incompatible, and the court will automatically grant a divorce. <>
But if you have a marriage with someone else after you leave, this kind of behavior is actually bigamy, and you may be held legally responsible at that time. It is not recommended for both boys and girls to do this, and you must have intimate acts or marital relationships with other people after getting a divorce certificate or after being divorced by the court. If the husband and wife divorce voluntarily, you also need to sign a divorce agreement and apply for divorce registration at the marriage registration office.
In fact, the divorce agreement needs to clearly state that both parties want to divorce, and reach a consensus on the custody of children, property and debt disposal, and write all matters in the divorce agreement, which is the proof of protecting yourself.
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There is no need to bear legal responsibility for this, and there is no way to divorce if the other party does not agree.
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There will be no legal responsibility and consequences, but the other party cannot have some bigamy, otherwise the other party will commit the crime of bigamy and will also be investigated for legal responsibility.
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There is no legal responsibility, and there is no illegal act, this matter should be viewed reasonably, as long as the other party does not commit the crime of bigamy, then he cannot sue the other party.
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There is no concept of "de facto divorce" in law.
So don't think that if you run away from home, you can re-establish a husband and wife relationship with her, be careful of constituting bigamy! If there is no divorce and marriage, even if the two are separated from each other and do not see each other in old age and death, they are still husband and wife in the legal sense. The relationship between the husband and wife will not disappear due to the "geographical isolation" of the two people, and the two people still enjoy the rights and obligations of marriage under the Civil Code.
If you don't get divorced and only run away from home, what are the hidden dangers?
1.In the absence of divorce, the property created by the two parties remains the joint property of the husband and wife, and the other party has the right to demand a division.
has already "run away from Shenshen's house", do you still want your hard-earned money to be shared with another person? So, in order to protect your wallet, would you still choose to leave without a divorce?
2.In the absence of divorce, both parties, as husband and wife, have the obligation to take care of each other and support each other.
If one of the spouses is sick and bedridden, the other spouse is required to fulfill the obligation to support and care for him. If the other spouse does not help him, the law will consider the other spouse's share of the property in the event of divorce. You've already "run away from home", do you still want to take care of each other?
3.The husband and wife are each other's first in line of succession, and the spouse has the right to inherit the estate.
If one of the spouses dies, the spouse and the parents and children are the first in line of succession, and the spouse and your parents can inherit your estate equally, and the spouse will have the right to continue to share half of the property with you after half of the joint property is divided among the spouses. So, you have already "run away from home", are you willing to give half of your property to your spouse first, and then you can take out the remaining half and redivide it with your spouse and parents?
4.In the event of an accident and one party loses the capacity for civil conduct, the spouse is the first to be the heir to the throne.
If one party loses civil capacity due to an accident, such as a car accident, becomes a vegetative person, and loses capacity. In this case, your spouse is your primary guardian and not your parent. In this case, all your rights are given to your spouse, such as the right to dispose of property.
have all "run away from home", will you rest assured that you will hand over all the power of your next life, old age, sickness and death to a spouse?
Therefore, even for the sake of your parents, you must deal with your feelings clearly and don't just leave.
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This may result in the spouse not being able to obtain the corresponding property, and all the property will be owned by another person. Because this is legally chosen to be waived.
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It will affect your future love life, if you are not divorced, then you are still in the state of the future, and you will not be able to marry someone else.
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Legal Analysis: Divorce is not a spouse. The parties are not obliged to fulfill their marital responsibilities. Therefore, it is a state of no spouse.
Legal basis: Marriage Registration Regulations Article 11 Mainland residents who apply for divorce registration shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
In addition to the certificates and supporting materials provided for in item (2) of the preceding paragraph and item (3) of the preceding paragraph, Hong Kong residents, Macao residents and Taiwan residents who have gone through divorce registration shall also present their own valid passports and Jing Xunxiang ID cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and their opinions on matters such as child support, property and debt handling.
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Of course, the spouse has the right to let you go back, as a husband and wife, there are some obligations that must be done, and if you insist on living outside, it means that you want to divorce very much.
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If you haven't been divorced, why don't you go home? Your lover is your family and your dearest relative, and he certainly has the right to let you go home.
Don't you feel lonely when you're away from home for a long time? Home is our fortress and a treasure that can shelter us from the wind and cold. After working hard every day, when you come home and see your relatives, you can make the fatigue of the day go away and make your mood better, don't you want such an atmosphere?
Maybe you have your own worries about your family, but don't worry about your family, your family will treat you sincerely. Therefore, it is better to go back and reunite with relatives.
Hot meals and hot dishes are waiting for you at home.
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He doesn't have that right. Civil liberties are a sacred right granted to every person by the Constitution. Marriage is just a state.
But there is no law that says you have to go back. There is no law that says he can forcibly pull you back or restrict your personal freedom.
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Of course, there are rights, legal husband and wife, but they do not fulfill their conjugal duties.
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1. There is a spouse before the divorce, and he is suspected of bigamy;
2. [Crime of bigamy] Whoever has a spouse and marries another person, or clearly knows that another person has a spouse and marries him, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
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