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Marriage Law Article Domestic Violence Divorce Judgment

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Marriage Law Article Domestic Violence Divorce Judgment


        

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  • 2024-06-05 14:00:47

    The Civil Code will come into force on January 1, 2021, and the old Marriage Law will be abolished simultaneously.

    Domestic violence refers to physical and mental violations committed by family members by beating, binding, maiming, restricting personal freedom, and regularly abusing and intimidating.

    The people's court's judgment on domestic violence divorce is as follows:
    1. With regard to child rearing, it is generally awarded to the party who has not committed domestic violence, except under special circumstances;
    2. With regard to the dissolution of marriage, if the court mediation is invalid and the domestic violence is true, the court will judge divorce according to law;
    3. If one of the spouses commits domestic violence and the innocent party files for divorce, the innocent party has the right to claim damages.

    [Legal Basis]

    In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization 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.

    Zhu***

    2024-06-05 14:00:47

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