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Can one party ask for divorce if she can't have children

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Can one party ask for divorce if she can't have children


        

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  • 2024-06-05 20:01:39

    If one party is unable to have children, it can ask for divorce, but if one party is unable to have children, it cannot be used as a condition for divorce and cannot be used as a reason for divorce. If the relationship between husband and wife is broken due to fertility problems, and the court also finds that the relationship between husband and wife is broken and the mediation is invalid, the court will decide to divorce.

    Both parties can also divorce by agreement. In China, marriage and divorce are free.

    [Legal Basis]

    Article 1079 of the Civil Code of the People's Republic of China states that if one of the husband and wife requests divorce, relevant organizations 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.

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