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After marriage, I found that my husband had been whoring. Should marriage continue?
In China, there are two main ways of divorce: the first is divorce by agreement, that is, divorce by agreement between both parties. The other is litigation divorce, which is applicable to the case that one party does not agree to divorce or the two sides have not reached an agreement on divorce matters such as child support, property division and debt commitment.
If you choose to sue for divorce, you need to bring a lawsuit to the people's court where the defendant is domiciled. Where the domicile of the defendant is different from that of the defendant, it shall be under the jurisdiction of the court of the defendant's domicile. In addition, the prosecution must meet four conditions:
First, the plaintiff must be an individual who has a direct interest in the case;
Second, there are clear defendants;
Third, there are specific claims, facts and reasons;
Fourth, it belongs to the jurisdiction of the people's court.
In addition, when a prosecutor brings a lawsuit, he shall submit a complaint and relevant evidence to the people's court. Basic information of plaintiff and defendant (including name, gender, age, place of origin, work unit and current address, etc.). ), and specify the claim and the corresponding facts and reasons in the complaint.
legal ground
civil law
Article 1076 Where a husband and wife voluntarily agree to divorce, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
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