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Under what circumstances is divorce granted

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Under what circumstances is divorce granted


        

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  • 2024-06-24 10:00:02

    Article 31 of the Marriage Law, if both men and women wish to divorce, divorce shall be granted. 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 If one of the men and women requests divorce, the relevant departments 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. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation with others
    (2) Committing domestic violence or abusing or abandoning family members
    (3) Gambling, drug taking and other bad habits persist after repeated education
    (4) Separated for two years 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 [1] and the other party files a divorce lawsuit. Relevant knowledge: the court should notify the defendant to come to collect the subpoena. If the defendant does not come, the court can send it by mail. If there is no address, the court can post it at the door of the court to announce service; The court may serve legal documents through the following channels. If the defendant does not appear in court to answer the lawsuit, the court may make a judgment by default. Article 85 of the Civil Procedure Law of the People's Republic of China shall be served directly on the addressee. If the person on whom the service is to be served is a citizen, it shall be handed over to an adult family member living with him for signature in his absence; If the person on whom the documents are to be served is a legal person or other organization, the legal representative of the legal person, the main person in charge of the other organization or the person responsible for receiving the documents of the legal person or organization shall sign the receipt; If the person on whom the service is to be made has an agent ad litem, he may deliver it to his agent for signature; If the person on whom the document is to be served has designated a receiver to the people's court, it shall be sent to the receiver for signature. The date on which the adult family members of the person on whom the service is to be made live together, the person responsible for receiving the documents of a legal person or other organization, the agent ad litem or the person receiving the documents on his behalf sign on the receipt of service shall be the date of service. Article 86 If the person on whom the litigation documents are to be served or an adult family member living with him refuses to accept the litigation documents, the person on whom the litigation documents are to be served may invite representatives of the relevant grass-roots organization or the unit to which he belongs to be present, explain the situation, record the reasons for the refusal and the date on the receipt of service, and leave the litigation documents at the residence of the person on whom the litigation documents are to be served with his signature or seal from the person who served them and the witnesses; The litigation documents can also be left at the residence of the addressee, and the service process can be recorded by taking photos, videos, etc., which is deemed as service. Article 87 With the consent of the addressee, the people's court may serve litigation documents by fax, e-mail or other means that can confirm his receipt, with the exception of judgments, written orders and mediation documents. In case of service by the means mentioned in the preceding paragraph, the date when the fax or e-mail reaches the specific system of the addressee shall be the date of service.

    Hu***

    2024-06-24 10:00:02

  • civil Relevant knowledge

  • law

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