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I want to divorce. What should I do if a man does not leave,

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I want to divorce. What should I do if a man does not leave,


        

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  • 2024-06-20 12:00:57

    1、 The breakdown of the couple's feelings is a state in which the couple no longer have feelings, which belongs to the recognition of the scope of consciousness. The marriage law determines whether the relationship between husband and wife is broken by specifying the specific behavior between husband and wife. include:
    (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.
    2、 In the trial of divorce cases, the people's court should distinguish whether the couple's feelings have really broken when granting or not granting divorce. To judge whether the relationship between husband and wife has really broken, a comprehensive analysis should be made from such aspects as the basis of marriage, the feelings after marriage, the reasons for divorce, the status quo of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the experience of trial practice, in any of the following circumstances, it is deemed that the relationship between husband and wife has indeed broken. If one party insists on divorce and the mediation fails, the divorce can be granted according to the law.
    1. One party suffers from a disease that is legally prohibited from marriage, or one party cannot have sexual behavior due to physiological defects or other reasons, and is difficult to cure.
    2. Lack of understanding before marriage, hasty marriage, and failure to establish marital relationship after marriage, making it difficult to live together.
    3. Those who conceal mental illness before marriage and cannot recover after marriage, or marry the other party because they know that the other party is suffering from mental illness before marriage, or one party suffers from mental illness during the life of the husband and wife and cannot recover after a long time of treatment.
    4. One party deceives the other party, or fraudulently obtains the Marriage Certificate during marriage registration.
    5. Both parties do not live together and have no possibility of reconciliation after marriage registration.
    6. In an arranged marriage or a business marriage, one party immediately applies for divorce after the marriage, or though they have lived together for many years, they have not really established the relationship between husband and wife.
    7. Having lived apart for three years due to emotional discord, and there is no possibility of reconciliation, or having lived apart for one year after the people's court ruled that divorce was not allowed, and failing to perform the obligations of husband and wife.
    8. If one party commits adultery or cohabits illegally with others, but still shows no repentance after education, the party without fault files a lawsuit for divorce, or the party with fault files a lawsuit for divorce, but the other party does not agree to divorce, and after criticism, education and punishment, or the people's court decides not to divorce, the party with fault files a lawsuit for divorce again, there is no possibility of reconciliation.
    9. One party remarries and the other party applies for divorce.
    10. One party likes to relax but hates to work, has bad habits such as gambling, fails to fulfill family obligations, refuses to correct after repeated education, and it is difficult for the husband and wife to live together.
    11. One party is sentenced to long-term imprisonment according to law, or is in violation of the law, and the criminal act seriously harms the couple's feelings.
    12. If one party's whereabouts have been unknown for two years and the other party has filed a divorce suit, it is confirmed that there is no whereabouts after public announcement.
    13. The other party does not understand the ill treatment and abandonment of the other party, or the ill treatment of the other party's relatives, or the ill treatment of the other party's relatives, and does not change after education.
    14. The relationship between husband and wife has really broken down due to other reasons. Legal basis: Article 32 of the Marriage Law, Several Specific Opinions of the Supreme People's Court on How People's Courts Recognize that Couple's Feelings Have Really Broken in Hearing Divorce Cases

    Lu***

    2024-06-20 12:00:57

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