Some Specific Opinions on How the People's Court Tried a Divorce Case
Guide: When a people's court hears a divorce case, whether the divorce is approved or not allowed should be based on whether the relationship between the husband and wife has broken down. To determine whether the relationship between husband and wife is indeed broken, a comprehensive analysis should be made from the aspects of marriage foundation, post-marital relationship, divorce reasons, current status of the relationship and the possibility of reconciliation
Divorce lawyers in Beijing today share a number of specific opinions on how to determine that the relationship between husband and wife has indeed broken down when the people's court heard a divorce case. The specific content information is as follows:
When a people's court hears a divorce case, whether to allow or disallow divorce should make a distinction between whether the relationship between the husband and wife has indeed broken down. To determine whether the relationship between husband and wife is indeed broken, a comprehensive analysis should be made from the aspects of marriage foundation, post-marital relationship, divorce reasons, current status of the husband-wife relationship and the possibility of reconciliation. According to the relevant provisions of the Marriage Law and trial practical experience, if one of the following situations is considered, the relationship between the husband and wife is indeed broken. One party resolutely requested a divorce, and after mediation was invalid, the divorce may be granted according to law.
1. One party suffers from a legally prohibited marriage disease, or one party has a physical defect, or is unable to have sex for other reasons, and is difficult to cure.
2. Lack of understanding before marriage, hastily married, married couples have not established relationship after marriage, it is difficult to live together.
3. Concealed mental illness before marriage, healed after the marriage, or married the other party before they knew that they had mental illness, or one of them suffered from mental illness during the life of the couple, and healed for a long time.
4. One party deceived the other party, or cheated during the marriage registration to obtain the "marriage certificate".
5. After the two parties have registered for marriage, they have not lived together, and there is no possibility of reconciliation.
6. Arrange or sell a marriage. After the marriage, one party immediately proposes a divorce, or although they have lived together for many years, they have not established a relationship between husband and wife.
7. Separation due to emotional disagreement has been completed for 3 years, and there is no possibility of reconciliation, or after the people's court has refused to allow divorce and separated for another 1 year, and each other does not perform the duties of husband and wife.
8. One party commits adultery or illegal cohabitation with no repentance after education. The party without fault sue for divorce, or the fault party sue for divorce. The other party does not agree to divorce, criticizes education and punishment, or after the people's court has ruled against divorce. The wrongdoer also sued for divorce. There is no possibility of reconciliation.
9. One party is remarried and the other party proposes a divorce.
10. One party is happy and evil, has gambling and other vices, fails to fulfill family obligations, repeatedly teaches and does not change, and it is difficult for husband and wife to live together.
11. One party was sentenced to long-term imprisonment in accordance with the law, or his or her illegal or criminal behavior seriously hurt the couple's feelings.
12. If one party's whereabouts are unknown for two years, the other party sues for divorce, and finds that there is no whereabouts after the announcement.
13. Being abused or abandoned by the other party, or abused by the other's relatives, or abused the other's relatives, the other party will not understand after education.
14. The couple's relationship has indeed broken because of other reasons.
The above content is all the content and information about the specific opinions of the people ’s court on how to determine that the couple ’s relationship has broken down in the divorce case. I hope these are helpful to you. How to determine the spouse ’s broken relationship, and what are the relevant questions about the method of determining that the spouse ’s broken relationship can also be consulted online by a professional divorce lawyer in Beijing Divorce Lawyer Network.
Article excerpt: http://www.66law.cn/laws/86644.aspx