Enquiring knowledgeable people Inquisitive education Hospital Treasury

Under what conditions can we sue for divorce

home page

Under what conditions can we sue for divorce


        

Submit answer
Favorable reply
  • 2024-06-06 08:00:03

    China's law stipulates that divorce should be granted if the relationship between the husband and wife has really broken down and mediation is invalid. That is to say, "the couple's feelings have really broken down" is the legal condition for divorce in litigation marriage in China. Generally speaking, in the actual trial, if the following situations occur, the court will grant the unilateral divorce request after mediation is invalid.

    (1) Domestic violence or maltreatment or abandonment of family members;

    (2) Bigamy or cohabitation of a married person with another person; Bigamy refers to the act of a married person marrying another person. The cohabitation of a married person with another person refers to the continuous and stable cohabitation of a married person with the opposite sex outside marriage, not in the name of the husband and wife.

    (3) The husband and wife have lived apart for two years due to emotional discord; The separation here refers to the husband and wife's artificial interruption of their common economic life, sexual life, mutual support and spiritual comfort.

    (4) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;

    (5) One party is declared missing and the other party files a divorce lawsuit; The declaration of a citizen's disappearance refers to the system whereby the people's court declares a person whose whereabouts are unknown for a certain period as missing. The disappearance of one of the husband and wife, in fact, has been unable to perform its responsibilities for the family and spouse. In this case, the court should allow it to unilaterally sue for divorce.

    (6) Other situations that cause marital relationship breakdown.

    [Legal Basis]

    In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

    When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

    Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):