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How to identify the broken relationship between husband and wife

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How to identify the broken relationship between husband and wife


        

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  • 2024-05-25 20:01:26

    If the following circumstances exist between husband and wife, it can be deemed that the relationship between husband and wife is broken:

    1. Domestic violence or maltreatment or abandonment of family members.

    2. Bigamy or cohabitation of a married person with another person.

    3. Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education.

    4. Separated for 2 years due to emotional discord. The couple lived apart for a long time because of their incompatibility. The two parties did not live together and did not perform their obligations, which made the relationship between husband and wife virtually exist in name. Therefore, the separation of husband and wife for two years marked the breakdown of the relationship between husband and wife.

    5. One party is declared missing.

    [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.

    A***

    2024-05-25 20:01:26

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