Under what circumstances can I apply for divorce?

Situations that meet the legal conditions for divorce include relationship breakdown, domestic violence, bigamy, etc. my country's Civil Code clearly stipulates that when both spouses voluntarily divorce or there are statutory grounds for divorce, they may apply to the court. The main situations are that the relationship has truly broken down, domestic violence has been committed, bad habits such as gambling and drug abuse have persisted despite repeated admonitions, the relationship has been separated for more than two years due to emotional discord, and other situations that have led to the breakdown of the relationship between the couple.

1. Relationship breakdown:

The breakdown of the couple's relationship after mediation fails is the core basis for the court to decide on divorce. Specific manifestations include long-term cold war, refusal to perform marital obligations, separation for more than two years and other objective facts. Evidence such as chat records and separation agreements must be provided to prove that the relationship is irreparable.

2. Domestic violence:

Sustained physical harm or emotional abuse can lead to direct divorce proceedings. Including acts such as beating, restriction of personal freedom, intimidation, etc., evidence such as alarm records, injury assessment, and medical certificates must be retained. The court will give priority to protecting the rights of the victims during the trial.

3. Bigamy and cohabitation:

Registering a marriage between a spouse and another person or living together as husband and wife constitutes legal grounds for divorce. Evidence can be provided through marriage registration records, joint residence certificates, witness statements and other materials. The at-fault party will bear the legal consequences of the short share of the property.

4. Do not change bad habits:

When bad habits such as gambling and drug abuse seriously damage family relationships and persist despite repeated admonitions, the victim can file for divorce. It is necessary to provide the punishment decision letter of the public security organ, records of the drug rehabilitation center, etc. to prove the continuity of his behavior. Usually, it is necessary to prove that the bad habit has lasted for more than two years.

5. Other situations:

This includes special circumstances such as missing for two years, not notifying someone of a serious illness, forced marriage, etc. If you conceal serious infectious diseases such as AIDS before marriage, or refuse treatment for sexual dysfunction after marriage, divorce can also be ruled after mediation fails.

Divorce by agreement requires both parties to go to the marriage registration office together. For divorce by litigation, a complaint and evidence materials must be prepared and filed in court. It is recommended to consult a professional lawyer to clarify the specific situation. During the divorce process, pay attention to collecting important property documents such as bank statements and real estate certificates. No matter what method is adopted, priority should be given to protecting the rights and interests of the children, and reasonable arrangements for custody and visitation rights should be negotiated. After divorce, formalities such as household registration transfer and insurance changes must be completed in a timely manner. It is recommended that major property divisions be notarized.