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What conditions will the court decide to divorce

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What conditions will the court decide to divorce


        

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  • 2024-06-24 11:00:57

    The most important condition for divorce is that the relationship between husband and wife is broken. If the conditions for the divorce of the couple are met, the court will basically decide for divorce. To determine whether the relationship is broken, a comprehensive analysis should be made from the aspects of marriage basis, post marriage relationship, reasons for divorce, the status quo of the relationship between husband and wife, and the possibility of reconciliation. It also lists 14 situations in which divorce should be granted:
    (1) One party suffers from a disease that is legally prohibited from marriage, or one party is unable to have sexual behavior due to physiological defects or other reasons and is difficult to cure.
    (2) Lack of understanding before marriage, hasty marriage, marriage has not established feelings, it is difficult to live together.
    (3) Concealing mental illness before marriage and failing to heal after marriage, or marrying the other party knowing that the other party is suffering from mental illness before marriage, or one party suffering from mental illness during the period of the couple's life and failing to heal after a long time.
    (4) One party deceives the other party, or practises fraud during marriage registration to obtain the Marriage Certificate.
    (5) After marriage registration, the two parties have not lived together and there is no possibility of reconciliation.
    (6) In an arranged marriage or a business marriage, one of the parties immediately applies for divorce after marriage, or though they have lived together for many years, they have not really established the feelings of husband and wife.
    (7) Having lived apart for three years due to incompatibility of feelings, there is really no possibility of reconciliation, or having lived apart for one year after the people's court ruled that divorce is not allowed, they do not perform their obligations as husband and wife.
    (8) If one party commits adultery or cohabits illegally with another person, but still shows no repentance after education, and the party without fault files a lawsuit for divorce, or the party with fault files a lawsuit for divorce, but the other party does not agree to divorce, and after being criticized and educated, or after the people's court has ruled that divorce is not allowed, the party with fault files a lawsuit for divorce again, there is no possibility of reconciliation.
    (9) One party remarries and the other party applies for divorce.
    (10) One party likes to relax, hates work, has bad habits such as gambling, fails to fulfill family obligations, refuses to correct after repeated education, and it is difficult for the couple to live together.
    (11) One party is sentenced to long-term imprisonment according to law, or it is illegal, and the criminal act seriously harms the feelings of the husband and wife.
    (12) After one party's whereabouts have been unknown for two years, the other party has filed a lawsuit for divorce, and it is confirmed by public announcement that there is no whereabouts.
    (13) The other party does not understand the ill treatment or abandonment by the other party, or the ill treatment by the other party's relatives, or the ill treatment of the other party's relatives, who refuse to correct after education.
    (14) The relationship between husband and wife has really broken down due to other reasons. The court ruled that divorce needs to meet specific conditions, and these conditions become the key to divorce. In addition to the above problems, there are still many problems related to marriage and family, such as which situations can not be divorced by agreement, and which situations can not apply to divorce by agreement.

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