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Preconditions for divorce in the new marriage law

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Preconditions for divorce in the new marriage law


        

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  • 2024-06-25 14:01:02

    1. Both parties have marriage certificates.
    2. The initiation of divorce proceedings must be one of the parties to the marriage relationship, and no other third party may bring a lawsuit as the litigant.
    3. The party who files a lawsuit for divorce must have full civil capacity, and those who do not have full civil capacity cannot file a lawsuit for divorce.
    4. Article 32 of the Marriage Law, if one of the men and women in a divorce lawsuit requests divorce, the relevant department can 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.

    Li***

    2024-06-25 14:01:02

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