What are the basis for determining legal discord between husband and wife? Thank you

Article 32 of the "Marriage Law" stipulates that if the couple's relationship has truly broken down and mediation has failed, divorce should be granted. Whether there is "breakup of relationship" is the key to hearing a divorce case. If the breakup of relationship is determined, a divorce can be decreed. Otherwise, the divorce should not be decreed. The judge is given discretion as to how to determine that the relationship has indeed broken down. Article 32 of the "Marriage Law" stipulates five standards for determining the breakdown of a relationship:

(1) Bigamy or a spouse living together with others. The so-called "a spouse living with others" refers to a spouse living together continuously and stably with someone of the opposite sex outside of marriage, not in the name of husband and wife. If the marriage is in the name of husband and wife, it constitutes bigamy.

(2) Carrying out domestic violence or abuse, or abandoning family members. The so-called "domestic violence" refers to the behavior in which the perpetrator causes certain harm to the physical, mental and other aspects of family members by beating, binding, mutilating, forcibly restricting personal freedom, or other means. Persistent and recurring domestic violence constitutes abuse.

(3) Those who have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions.

(4) Those who have been separated for more than two years due to emotional incompatibility.

(5) Other situations that lead to the breakdown of the relationship between husband and wife.

The Supreme People's Court's "Several Specific Opinions on How the People's Courts Determine the Broken Relationship of Spouses in Divorce Cases" stipulates that the 14 items that do not conflict with the current Marriage Law include:

1. One party suffers from a disease that legally prohibits marriage, or one party has physical defects or other reasons that are unable to have sexual intercourse and are difficult to cure.

2． Lack of understanding before marriage, hasty marriage, failure to establish a relationship between husband and wife after marriage, and difficulty in living together.

3. Concealing the mental illness before marriage and not being able to recover after treatment, or knowing that the other person was mentally ill before marrying him or her, or one party suffering from mental illness while the couple was living together, and not being able to recover after long-term treatment.

4. One party deceives the other party, or commits fraud during marriage registration to obtain a "marriage certificate".

5. After the two parties register their marriage, they do not live together, and there is no possibility of reconciliation.

6． In the case of arranged or commercial marriage, one party files for divorce immediately after the marriage, or the couple has lived together for many years but has not established a relationship as husband and wife.

7. They have been separated for two years due to emotional discord (the original "Opinions" stipulated that it was three years, which conflicts with the current marriage law) and there is really no possibility of reconciliation, or they have been separated for one year after the people's court ruled that divorce is not allowed, and they have not fulfilled their obligations as husband and wife. obligatory.

8. If one party commits adultery or illegally cohabits with another person and still shows no repentance despite education, the non-fault party files for divorce, or the fault party files for divorce and the other party does not agree to the divorce. After criticism, education, punishment, or a people's court ruling not allowing divorce, the fault party They filed for divorce again, but there was really no possibility of reconciliation. (Article 22 of the Interpretation 1 of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China and the People's Republic of China stipulates that when a people's court hears a divorce case, if it meets the circumstances that "divorce should be granted" as stipulated in Paragraph 2 of Article 32 of the Marriage Law, Divorce should not be denied because of the fault of the parties involved)

9. One party commits bigamy and the other party files for divorce.

10. One party is indolent, has gambling and other bad habits, fails to fulfill her family obligations, and refuses to change despite repeated admonitions, making it difficult for the couple to live together.

11. One party has been sentenced to long-term imprisonment in accordance with the law, or his illegal or criminal behavior has seriously hurt the relationship between the couple.

12． The whereabouts of one party have been unknown for more than two years, and the other party files for divorce, but after public notice and search, the whereabouts are found.

13． Being abused or abandoned by the other party, or being abused by the other party's relatives, or mistreating the other party's relatives, and refusing to change after education, and the other party does not understand.

14． The relationship between husband and wife has indeed broken down due to other reasons.

If the other party is declared missing and the other party files for divorce, the divorce shall be granted.

Hope this helps.