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Can my wife divorce if she is sick

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Can my wife divorce if she is sick


        

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  • 2024-06-15 15:00:03

    If the wife is ill, she can apply for divorce. But divorce is not always possible. According to relevant laws and regulations, if the parties can reach consensus on divorce and other matters, they can negotiate for divorce. After 30 days of divorce cooling off period, you can get a divorce certificate. If both parties are unable to reach an agreement on divorce, they can file a lawsuit to the court for divorce. After the court accepts the case, it shall conduct mediation. If the feelings have been broken and mediation is invalid, divorce shall be granted.

    Legal basis

    Article 1079 of the Civil Code of the People's Republic of China [Litigation Divorce] 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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