What divorce proceedings in the first general prosecution can divorce?

 

   The law of our country has two ways: the first is the divorced couple agreement divorce to the Civil Affairs Bureau, this one of the most efficient and most economical, another is to the people's court in divorce proceedings, generally used in this way is more couples can not reach an agreement, only by a party of a lawsuit let the court for a divorce.

   There is an old saying: "China rather break ten temples, not to remove a marriage", because the divorce proceedings relating to lift the personal relationship, once discharged cannot be recovered, so the court will adopt a cautious attitude in dealing with a divorce case, could not be sure that both the affection and possible without do not divorce, can only wait until six months after the indicted again sentenced from.

   So in those cases, the court will make sure that both emotional breakdown and be free?

   China's "marriage law" lists five reasons: a legal divorce, marriage or cohabitation of a married person with any; two, the implementation of family violence or maltreatment desertion of one family member; three, gambling, drug abuse incorrigible; four, because feelings not separated for two years; five, one party is declared missing the other party put forward a divorce proceedings.

    Besides the above situation, according to a 1989 Supreme Court promulgated the 'people's Court on the trial of divorce cases how to identify some specific comments' couples that have been broken the rules, all of the following 14 kinds of circumstances, as couples that have been broken. One party insists on divorce, after mediation fails, in accordance with the law to the judgment of divorce
   1, a disease with the statutory prohibition of marriage, or one of a physical defect, or other reasons can not have sex, and difficult to cure.
   2, lack of understanding of marriage, hasty marriage, marriage does not establish the feelings of husband and wife, to live together.
   3, prenuptial cover mental illness, marriage unhealed after treatment, or know each other before marriage with mental illness and their marriage, or one of the couples living together during the mentally ill, permanently.
   4, one deceive each other, or resort to deceit in the marriage registration, marriage certificate "cheat".
   5, the two sides after the marriage registration, no cohabitation, and no and possible.
   6, inclusive, mercenary marriage, divorce immediately after marriage party, or while living together for many years, but they do not establish a couple feelings.
   7, a party with others, adultery, illegal cohabitation, the education still no repentance, the innocent party to sue for divorce.
   8, a party with others, adultery, illegal cohabitation, the innocent party to sue for divorce, the other party does not agree to divorce, after criticism and education, punishment, or are not allowed to divorce in the people's court, the innocent party has sued for divorce, are free and good potential. (i.e. fault party two times for a divorce judgment from. )
   9, one side love leisure and hate labour, gambling and other vices, no family obligations, incorrigible, the couple living together is difficult.
   10, the party were sentenced to long prison terms in accordance with the law.
   11, a party due to illegal, crime severely hurt the feelings of the couple.
   12, by the other's maltreatment, abandonment, or other relatives, abuse, or abuse other relatives, the education does not change, the other party does not understand.
   The existence of the legal situation, and there is evidence to prove that the mediation is invalid, after divorce shall be granted, the court decision. Of course the mere existence of the situation is not necessarily sentenced from, there is evidence of the existence of the above circumstances, we will in a later article describes how evidence to prove.