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How to divorce the husband and wife who run away from home

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How to divorce the husband and wife who run away from home


        

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  • 2024-06-25 12:00:49

    If no agreement is reached through consultation, a civil lawsuit filed against a citizen in Article 22 of the Civil Procedure Law of the People's Republic of China shall be under the jurisdiction of the people's court in the place where the defendant is domiciled; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence. A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.
    2、 Under what circumstances will the court order divorce
    1. The court ruled that the legal reason for divorce was that the relationship between husband and wife had really broken down. Article 32 of the Marriage Law: "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. The people's court shall mediate when hearing a divorce case. If the relationship has really broken down and the mediation is invalid, the divorce shall be granted. Under the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change 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.
    2. Child rearing. Article 3 of the Several Specific Opinions of the People's Court on Dealing with the Problem of Child Support in the Trial of Divorce Cases stipulates: "For children who are under the age of two or more, both the father and the mother require to live with them, and priority may be given to one of the following cases:
    (1) Having undergone sterilization operation or losing fertility due to other reasons;
    (2) The change of living environment is obviously detrimental to the healthy growth of children as they live longer;
    (3) There are no other children, but the other party has other children;
    (4) The children live with them, which is beneficial to their growth, while the other party is suffering from infectious diseases or other serious diseases that are incurable for a long time, or has other circumstances that are not conducive to the physical and mental health of the children, and is not suitable to live with them.
    3. The conditions for parents to raise their children are basically the same. Both parties require their children to live together with them. However, if the children have lived alone with their grandparents for many years, and the grandparents require and are able to help their children take care of their grandchildren, they can be considered as the priority conditions for children to live with their parents. "

    M***

    2024-06-25 12:00:49

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