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How to Divorce with Disability

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How to Divorce with Disability


        

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  • 2024-06-24 00:00:59

    If one party is a disabled person, it can divorce by agreement or by litigation, as follows:
    First, divorce by agreement: after the husband and wife reach a divorce opinion and reach an agreement on the division of property and the upbringing of their children, they go to the Civil Affairs Bureau to go through the divorce procedures in person. The marriage registration authority will issue a divorce certificate when it is found that both parties are indeed willing and have properly handled the problems of children and property.
    Second, litigation divorce: if the two parties fail to reach an agreement, they can divorce by litigation divorce. The plaintiff's ID card, marriage certificate and petition of complaint are required to file a case for divorce. After filing the case, the court will first conduct pre court mediation. If mediation fails, the court will make a judgment to approve or disapprove divorce.
    Legal basis:
    Article 31 of the Marriage Law of the People's Republic of China
    Divorce shall be granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 of the Marriage Law of the People's Republic of China
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.

    I***

    2024-06-24 00:00:59

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