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Anonymous users2024-02-16After a couple gets married, if one of the spouses refuses to have sex with their spouse for various reasons, it is likely to cause disharmony in marital life. For this kind of sexless marriage, can a lawsuit go to court to grant divorce? Below, the marriage lawyer of Guanling Law Firm will introduce the relevant legal provisions to you in combination with the case.
Case: Ms. Zhang and her husband from Fujian know each other well, and they were classmates in high school. The two are in free love, and they are each other's first love.
After 5 years of long-distance love, the two finally registered their marriage after graduation. Ms. Zhang never thought that she would get divorced, and then, no matter how good her relationship was, she couldn't escape the pain of three years and seven years.
After getting married, the trivial matters of life made the two quarrel constantly. In Ms. Zhang's impression, after two years of marriage, her husband moved to the study to rest under the pretext that he was too tired. The two lived under the same roof, but they invisibly began to live separately.
After that, this kind of life lasted for 10 years, during which the two never lived as husband and wife.
Initially, Ms. Zhang knew that her husband was tired from work, so she could understand, but as time went on, she could no longer tolerate this sexless marriage, and after several arguments, Ms. Zhang sued the court for divorce. So, can a sexless marriage be used as a reason for a breakdown in a couple's relationship?
Whether a divorce can be obtained should be based on whether the relationship between the husband and wife has broken down as a key factor. To determine whether the relationship between husband and wife has indeed broken down, it should be comprehensively analyzed from many aspects, such as the emotional foundation, the emotional state after marriage, the reasons for divorce, the relationship between husband and wife, and whether there is a possibility of reconciliation.
Based on the above provisions and the experience of a marriage lawyer, in the case of Ms. Zhang, it can be confirmed whether the spouse "suffers from a disease that is legally prohibited from marriage, has a physical defect, or is unable to have sex for other reasons, and it is difficult to **". If the above situation does exist, it can be regarded as a breakdown of the relationship between the husband and wife. As long as Ms. Zhang can gather relevant evidence, the court may support the decision.
In addition, sexless marriage litigation may involve the privacy of both parties, and it is possible to apply to the court for a closed hearing with the help of a marriage lawyer.
If you still have any doubts, please consult Guanling Law Firm in time.
Divorce lawyer to protect their legitimate rights and interests.
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Anonymous users2024-02-15If you feel very painful, then you can file for divorce, and the court will protect you if you have no feelings in your life.
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Anonymous users2024-02-141. Can a sexless marriage be divorced?
1. Divorce can be granted in a sexless marriage. Whether or not a sexless marriage should be divorced depends on the wishes of the parties. Sexless marriage, which is a type of relationship breakdown provided by law, can be filed for divorce on the basis of relationship breakdown.
After the parties can reach an agreement. Divorce can be obtained by mutual agreement or litigation.
2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China.
Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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 one of the following circumstances, if the mediation fails, the 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 a divorce lawsuit again, the divorce shall be granted.
2. What are the conditions for divorce by litigation?
1. Both parties have a legal marital relationship;
2. To file for divorce, one of the parties to the marriage relationship must be initiated;
3. The party who initiates a lawsuit for divorce must have full civil capacity;
4. Whether there is a situation in which the divorce is granted.
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Anonymous users2024-02-13OK.
The Civil Code (in force) stipulates that husband and wife enjoy each other's spousal rights, and the core of spousal rights is sexual rights, and the realization of such rights and obligations requires both parties to perform and coordinate at the same time, and both parties are both the subject of rights and the subject of obligations, both of which are indispensable. The right of cohabitation derived from spousal rights means that after marriage, one spouse has the right to live together with the other spouse in the same residence, and the other spouse has the obligation to cohabit with the other party, including the right to have sex with the husband and wife, to sleep together, and to support each other. There is no reason for one party to refuse to fulfil their marital obligations, and it can even be regarded as a form of psychological abuse or domestic violence.
Therefore, sexless marriages can be divorced through litigation.
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Anonymous users2024-02-12It is possible to get a divorce. One party suffers from a legally prohibited marriage disease, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **. It is regarded as the relationship between husband and wife has indeed broken down.
If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law. Therefore, a sexless marriage can be divorced. Article 1076 of the Civil Code states that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.
Sexless marriages cannot last. Because the communication between two people slowly will become less. In the end, it will also lead to the gradual weakening of the relationship.
You should take the initiative to talk to your husband Since you are a husband and wife, you don't need to communicate with your heart Don't have something to say that will affect your relationship The two of you should open your hearts to maintain your love I feel that your man loves you very much Otherwise he wouldn't have pursued you for so long I'm also a man Although I'm not married, I also have a partner But there are many obstacles that make our road very difficult But we can all feel that each other's hearts are not giving up Let us be so firm in confidence that we both open our hearts to each other I hope you can open up to each other, and it should be possible to solve the problem, if there is anything to tell your husband calmly. >>>More
months.
If there is no physical illness or accident between husband and wife, but there is no tacit sex for more than a month, it is a sexless marriage. Sexless marriages can be sued for divorce. According to the provisions of China's "Marriage Law", husband and wife enjoy each other's spousal rights, and the core of spousal rights is sexual rights, and the realization of such rights and obligations requires both parties to perform and coordinate at the same time, and both parties are both the subject of rights and the subject of obligations, both of which are indispensable. >>>More
When I wasn't married before, I didn't realize this problem at all. Because the family is more feudal, they will never talk about this kind of thing to girls. It's not that parents are bad, it's just that people in their era are difficult to talk about such things with their children. >>>More
Are you male or female??? If you are a man, then as long as you don't change your heart, you can go far with love, if you are a woman, forget it, no sex love is not complete, and a man's needs will always make him make mistakes unconsciously.