Divorce disputes include: divorce disputes, property disputes after divorce, damage compensation disputes after divorce, disputes over the division of common property, and disputes over the upbringing of children.
Divorce litigation due to divorce disputes is a typical compound litigation, which also includes the litigation in the above scope. The ruling principles of these disputes are stipulated in the Marriage Law, and the relevant judicial interpretations have been further refined.
The legal basis for handling divorce disputes is mainly the provisions of Articles 31, 32, 39 to 41 of the Marriage Law, and the Supreme People's Court's Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
(1) Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
(2) ).
Article 31 of the Marriage Law: Voluntary Divorce
Divorce shall be granted if both men and women wish to divorce. 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 a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, 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.