If the spouse of an active serviceman asks for divorce, he must obtain the consent of the serviceman, otherwise the court will generally rule against divorce. For this, relevant judicial interpretations have also made some specific provisions, stipulating that when the serviceman does not agree to divorce;
The plaintiff should be educated to cherish the husband and wife relationship with the military, try to reconcile or make a judgment not to divorce. The relationship between husband and wife has broken down, and it is really impossible to continue to maintain the relationship between husband and wife after doing reconciliation work ineffectively;
The ideological work of the servicemen should be done well through the political organs at or above the regiment level in the army where the servicemen belong, and divorce should be granted with their consent.
The Marriage Law also stipulates some exceptions, that is, "except for the serious fault of the soldier". According to the relevant judicial interpretation, the major fault here generally refers to: bigamy or cohabitation of a person with a spouse;
Committing domestic violence or maltreating or abandoning family members; There are gambling, drug abuse and other bad habits that persist in teaching and other serious mistakes that lead to the breakdown of the relationship between husband and wife.
In this case, no matter whether the serviceman agrees to divorce or not, the court can judge both parties to divorce according to the law, which is beneficial to protect the interests of the serviceman's spouse, so that some servicemen who seriously violate the rights and interests of non military spouses can also get legal relief.