Identification of 20 Cases of Broken Marriage Relationship

Identification of 20 Cases of Broken Marriage Relationship

The relationship between husband and wife has not broken down.

0 1. Both parties asked for a divorce because of trivial matters in life, and the defendant was reluctant to divorce because of his kindness.

02. Both parties filed for divorce due to life contradictions, and there was no evidence of emotional breakdown, and the children were young.

03. Both parties filed for divorce due to life conflicts, and the other party took care of the children and family very much.

04. The other party actively communicates, hoping to make up, and contacts the other party by phone or text message. They are not clearly separated.

Note: Not living together does not constitute legal separation.

05. The plaintiff filed for divorce for the first time, but the defendant did not respond.

06. If the plaintiff has an extramarital affair or other faults, the defendant chooses to forgive and does not agree to divorce.

07. There is no evidence to prove that the other party has a legal divorce, such as gambling, drug abuse and domestic violence.

08. The woman files for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy.

09. After a trial, the court will never allow divorce, and the two sides will reconcile and live together.

10. After the court never allowed divorce after a trial, the plaintiff could not prove that the two parties had been separated for one year.

The relationship between husband and wife has broken down.

0 1, after-court mediation or both parties agree to divorce in court.

02. The defendant ran away from home for two years and never took care of his family. The plaintiff sued for divorce.

03. The defendant had emotional entanglements with others during the marriage, which seriously affected the relationship between the original and the defendant.

04. If one party is declared missing and the other party initiates divorce proceedings, divorce shall be granted.

05. After the people's court ruled that divorce is not allowed, if both parties have been separated for more than one year and one party files a divorce lawsuit again, divorce shall be granted.

Bigamy or cohabitation with others.

"People with spouses live together with others", similar situations are more common in life, but to meet the statutory conditions, the following requirements must be met:

1. Have a relatively fixed residence;

2. Maintain a stable sexual relationship;

3. Live together for a long time!

4. Not in the name of husband and wife.

Bigamy or cohabitation with others is difficult to obtain evidence. At least two witnesses need to appear in court to prove that the other party is living with others in the name of husband and wife before the court can file a case. Occasionally "cheating" is generally not considered as "having a spouse living with others".

07. Commit domestic violence or abuse or abandon family members.

Under normal circumstances, if you call the police more than three times and reach the level of administrative detention, the court will judge the divorce in the first instance. It is suggested to keep the mediation records or hospital inspection records of neighborhood committees or village committees and mediation committees.

08, gambling, drug abuse and other bad habits.

It is suggested to keep the record of the other party's participation in online gambling, or take photos of offline gambling, drug purchase and drugs at home, and the punishment decision made by the public security organ, or the educational materials of the unit, neighborhood Committee and village Committee on gambling and drug abuse, as well as the witness testimony of relatives, friends and neighbors.

09. Separated for two years due to emotional disharmony.

The court will generally recommend that both parties sign a separation agreement, but this way the other party has a low degree of cooperation. In the absence of resignation agreement, it is necessary to prove that both parties have not fulfilled their obligations and there is no transfer and contact. At the same time, the need for separation between the two sides is due to emotional disharmony, such as working in different places and traveling. , not separation.

It is suggested to keep the rental contract, neighbor's testimony, residence certificate of the neighborhood Committee, temporary residence permit, conversation and chat between the two sides about separation, etc.

10. Other circumstances that lead to the breakdown of the relationship between husband and wife.

For example, one party's extramarital affairs, one-night stands, long-term whoring and other evidence can be used as evidence of the breakdown of marriage. However, it should be noted that this kind of evidence cannot be manufactured artificially, nor can it be obtained by illegal means.

Why do you want to sign a divorce agreement?

Article 69

If the parties reach an agreement on the settlement of property debts conditional on divorce in the people's court by agreement or mediation, and one party does not repent in the divorce proceedings, the people's court shall consider the agreement on the settlement of property debts invalid and make a judgment according to the actual situation in accordance with the provisions of Articles 1087 and 1089 of the Civil Code. The provisions on property and debt disposal in the divorce agreement signed by both parties according to Article 1076 of the Civil Code are legally binding on both men and women. After the divorce registration, the people's court shall accept the lawsuit brought by the dispute arising from the performance of the above agreement.

Article 70

After the husband and wife agree to divorce, the people's court shall accept the request to cancel the property division agreement. After trial, the people's court found that there was no fraud or coercion in concluding the property division agreement, and rejected the litigant's claim according to law.