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Does one party have the right to dissolve the marriage
Time:2025-08-28 Views:1471
1
One party has the right to terminate the marriage relationship.
Article 1076 of the Civil Code: If both spouses voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority.
The divorce agreement shall state the voluntary intention of both parties to divorce and the consensus reached through negotiation on matters such as child custody, property, and debt management.
Article 1079 of the Civil Code: If one spouse requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
II
1. If the defendant has been away from the domicile for more than one year, it shall be under the jurisdiction of the people's court of the plaintiff's domicile; If both parties have been away from their place of residence for more than one year, the people's court of the defendant's habitual residence shall have jurisdiction. If there is no habitual residence, the people's court of the plaintiff's place of residence at the time of filing the lawsuit shall have jurisdiction.
2. If the defendant's whereabouts are unknown or declared missing, the people's court of the plaintiff's domicile shall have jurisdiction; If the plaintiff's domicile is different from their habitual residence, the people's court of their habitual residence shall have jurisdiction.
3. If the defendant is subjected to reeducation through labor or imprisoned, the people's court in the place where the plaintiff resides shall have jurisdiction; If the plaintiff's domicile is different from their habitual residence, the people's court of their habitual residence shall have jurisdiction.
4. The divorce lawsuit filed by non military personnel against non civilian military personnel shall be under the jurisdiction of the people's court where the plaintiff resides; If both parties are military personnel, the jurisdiction shall be exercised by the people's court located at the defendant's domicile or the residence of the unit at or above the regimental level where the defendant is located.
5. If the defendant does not reside within the territory of the People's Republic of China, the jurisdiction shall be exercised by the people's court in the place where the plaintiff resides; If the plaintiff's domicile is different from their habitual residence, the people's court of their habitual residence shall have jurisdiction.
III
According to the Civil Code, if the relationship has indeed broken down and mediation is ineffective, the circumstances in which divorce should be granted are:
（1） Bigamy or cohabitation with a spouse;
（2） Engaging in domestic violence, abuse, or abandonment of family members;
（3） Those who persist in bad habits such as gambling and drug abuse;
（4） Separated for two years due to emotional discord;
（5） Other situations that lead to the breakdown of marital relationships.
To dissolve a marriage, one must follow legal procedures. Marriage is like this, and divorce is like this. Both parties' opinions should be respected and their interests should be protected. The above is the relevant content collected by the editor of Fanneng Law Firm about whether one party has the right to dissolve the marriage. If you have any other questions, please feel free to consult a lawyer from Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.