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My husband has been locked up. Now I want to divorce. What should I do?

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My husband has been locked up. Now I want to divorce. What should I do?


        

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  • 2024-06-22 17:00:01

    [Legal Opinion]
    If the negotiation fails, the divorce shall be filed in the court.
    [Legal Basis]
    Marriage Law of the People's Republic of China
    Article 31 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 If one of the men and women requests divorce, the relevant departments 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.
    Divorce shall be granted if mediation fails under any of the following circumstances:
    (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.

    l***

    2024-06-22 17:00:01

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