News
Under what circumstances can a marriage be dissolved
Time:2025-08-28 Views:1401
1
The conditions for terminating a marriage relationship:
1. The marriage relationship is legal;
2. Meet the legal requirements for divorce judgment.
Article 1076, Paragraph 1 of the Civil Code stipulates that if both spouses voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration office.
Article 1079 stipulates that if one spouse requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
The people's court shall conduct mediation in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
If mediation is ineffective under any of the following circumstances, divorce shall be granted:
（1） Bigamy or cohabitation with others;
（2） Engaging in domestic violence, abuse, or abandonment of family members;
（3） Having bad habits such as gambling and drug abuse that persist despite repeated warnings;
（4） Separated for two years due to emotional discord;
（5） Other situations that lead to the breakdown of marital relationships.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
If one party files a divorce lawsuit again after the people's court has ruled against divorce and both parties have been separated for one year, the divorce shall be granted.
II
Fanneng Law Firm reminds you that the deadline for divorce proceedings is around three or six months. Cases subject to summary procedures shall be concluded within three months from the date of filing; Cases that are subject to ordinary procedures for trial shall be concluded within six months from the date of filing.
Article 152 of the Civil Procedure Law of the People's Republic of China
Cases tried by the people's court using ordinary procedures shall be concluded within six months from the date of filing. If there are special circumstances that require an extension, with the approval of the dean of this institution, it can be extended for six months; If further extension is needed, it shall be submitted to the higher-level people's court for approval.
III
The divorce process in the litigation court includes filing, accepting, mediating, adjudicating, adjudicating, and enforcing. According to relevant laws and regulations, if a party initiates a divorce lawsuit, they shall submit a written complaint. If the people's court confirms that they meet the conditions for filing a lawsuit, they shall accept it in accordance with the law and conduct mediation. If mediation fails, the case shall be tried in accordance with the law and judged based on whether the relationship has broken down.
Article 123 of the Civil Procedure Law of the People's Republic of China stipulates that when filing a lawsuit, the plaintiff shall submit a complaint to the people's court and provide copies according to the number of defendants.
If it is difficult to write a complaint, it can be filed orally, and the people's court shall record it in writing and inform the other party.
Article 129: People's courts shall inform the parties of the relevant litigation rights and obligations in the notice of acceptance of the case and the notice of response to the lawsuit, or orally inform them of the decision to accept the case. Sichuan Faneng Law Firm is dedicated to serving you.