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My wife and I haven't slept together for 3 years. Can we divorce?

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My wife and I haven't slept together for 3 years. Can we divorce?


        

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  • 2024-06-21 21:01:42

    [Legal Opinion]
    Yes, it's better to divorce by agreement. If you do not agree, you can only file a divorce lawsuit to the court on the grounds that the sexual life is not harmonious and leads to emotional breakdown.
    [Legal Basis]
    Marriage Law
    Article 31 [Voluntary Divorce] Divorce is allowed if both men and women divorce voluntarily. 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 [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can mediate or directly file a divorce proceedings with the people's court.
    When hearing a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and the mediation is ineffective, divorce shall be granted.
    Divorce shall be granted if mediation fails under any of the following circumstances:
    (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 and the other party files a divorce lawsuit.

    No***

    2024-06-21 21:01:42

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