How to divorce a military marriage?

It is necessary to get the consent of the soldiers. If a soldier has serious faults, he can provide evidence and decide to divorce.

1. Article 26 of the Marriage Law of the People's Republic of China stipulates: "The spouse of an active-duty soldier requires the consent of the active-duty soldier."

On 200 1 and 1, the General Political Department promulgated the Provisions on Several Issues Concerning the Implementation of the Marriage Law by the Armed Forces, which clearly stipulated the conditions and procedures for military divorce. The divorce of servicemen should be serious and prudent, and must not violate national laws, military discipline or social morality. The approval procedures and authority for military personnel to apply for divorce are the same as those for marriage. When the political organ of a unit at or above the regimental level issues a certificate of consent to divorce, it shall require both parties to sign or provide written opinions.

In addition, the review and registration procedures of military divorce are the same as those of general divorce, and the relevant provisions of the Marriage Registration Ordinance, which came into effect on June 65438+ 10/2003, are applicable.

Two. Provisions on Several Issues Concerning the Implementation of Marriage Law by the Armed Forces Article 11 A serviceman's divorce shall be serious and prudent, and shall not violate national laws and regulations and military discipline, or social morality.

1. Both sides are active servicemen. If both parties voluntarily divorce or one party requests a divorce, mediation shall be conducted by military leaders or political organs of the parties; If the mediation fails and meets the divorce conditions stipulated in the Marriage Law, the political organ shall issue a certificate before applying for divorce at the marriage registration office or bringing a divorce lawsuit to the court.

2. The spouse is a local, and if one of the soldiers asks for a divorce, the leader of the political organ of the army will mediate as appropriate; Meet the divorce conditions stipulated in the Marriage Law, and with the consent of the other party, the political organ may issue a certificate of consent to divorce; If one soldier insists on divorce, but the other resolutely disagrees, the army may seek the opinions of the other unit or local authorities for mediation. If mediation fails, the political organ shall issue a certificate, and the parties shall file a divorce lawsuit with the court.

3. If the spouse is a local and one party requests a divorce and the army agrees to divorce, the political organ may issue a certificate of consent to divorce; If a soldier does not agree to divorce, the political organ shall not issue a certificate, except that the military party is found to have a major fault by the political organ.

Three. Provisions on Several Issues Concerning the Implementation of the Marriage Law by the Armed Forces Article 12 The procedures and authorities for examination and approval of applications for divorce by servicemen in active service are the same as those for marriage. When the political organ of a unit at or above the regimental level issues a certificate of consent to divorce, it shall require both parties to sign or provide written opinions. Anyone who applies for remarriage or remarriage must hold a divorce certificate.

Four. Provisions on several issues concerning the implementation of the marriage law by the armed forces Article 13 Party organizations and political organs at all levels in the armed forces shall be responsible for managing the marriage of soldiers in their own units. Have the right and obligation to examine, mediate and issue certificates on marriage and divorce of military personnel. To resort to deceit, cheat organizations and other acts in violation of the provisions, we should educate and criticize and urge them to correct; If the circumstances are serious, disciplinary action shall be taken as appropriate.

Military legal service departments and lawyers at all levels should provide legal services in a timely manner to safeguard the legitimate rights and interests of soldiers. The relevant military departments shall assist the local judicial organs to investigate the criminal responsibility of those who violate the military marriage and constitute a crime.

Extended data

1. "the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I)" makes detailed provisions on "the military side has a major fault":

1, military bigamy or cohabitation with others outside marriage.

2. The military side commits domestic violence or maltreats or abandons family members.

3. The military has bad habits such as gambling and taking drugs, which is quite different from the general shortcomings and mistakes. It is a great misfortune for the family if they are infected with gambling, drug abuse and other bad habits and refuse to change.

4, the military has other major faults.

Two, according to the provisions of the "Civil Procedure Law", the people's court received a complaint or oral prosecution, after examination, that meets the conditions for prosecution, it shall file a case within 7 days. Special circumstances that are not accepted include:

1. During pregnancy, within 1 year after delivery or within 6 months after termination of pregnancy, the man may not file for divorce;

2. Divorce cases in which divorce and mediation are not allowed are judged, and there are no new circumstances or new reasons, and the plaintiff brings a lawsuit within 6 months;

3. Both men and women divorced voluntarily, and the children and property issues have been properly handled. After registering the divorce in the marriage registration office and obtaining the divorce certificate, one party repents but the original marriage registration office has not revoked the divorce registration.

The above provisions also apply to military divorce cases.

China's criminal law also specifically stipulates the punishment for the crime of breaking the military marriage (that is, cohabiting or getting married with active servicemen knowing that they are spouses) and the crime of rape (that is, raping the wife of active servicemen by using authority, subordination or coercion).

References:

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