Husband commits a crime, can wife file for divorce, Zhihu?

Husband commits a crime, can wife file for divorce, Zhihu?

Can a wife file for divorce if her husband commits a crime? Zhihu, if you want to divorce your husband who is serving a sentence, you can negotiate a divorce with the man. The divorce agreement shall specify the meaning of voluntary divorce by both parties. Let's see if the husband's criminal wife can file for divorce, Zhihu.

Can a wife file for divorce if her husband commits a crime? Zhihu 1 While her husband is serving his sentence in prison, the woman can file a divorce lawsuit with the people's court, and the court will generally decide on divorce.

legal provision

Article 1079 of the Civil Code: If one of the husband and wife requests a divorce, the relevant organization can 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.

The relationship has really broken down. This statement sounds illusory. In real life, there are many situations that can meet this statement, that is, divorce can be approved. For example, if a husband or wife has a lover outside, it can prove that there is a crack in the emotional life with the original husband and wife. If it is too serious to continue, the injured party can file a divorce with the court on this ground.

If the law based on unfair means hurts the wife's feelings and pays the price of losing her freedom, the relationship between husband and wife can't last long, which can also be one of the reasons why the court supports divorce.

Can a wife ask for a divorce if her husband commits a crime? Zhihu II. The husband is in prison, can the wife ask for a divorce?

1. First of all, let's look at what conditions are required for divorce according to China's civil code. Then according to the trial conditions of our people's court, if mediation fails, divorce should be granted. The first is bigamy or cohabitation with others.

2. Second, there are cases where family members are abandoned by domestic violence or abuse; Third, both husband and wife, one of whom has bad hobbies such as gambling and drug abuse, still refuses to change after repeated education; Fourth, due to emotional disharmony, the husband and wife separated for more than two years; Fifth, divorce should also be granted if there are other problems that lead to the breakdown of husband and wife's feelings, or if one party is declared missing and the other party files a divorce lawsuit.

3. Therefore, if the husband goes to prison, the wife can ask for a divorce and divorce through litigation. In this case, the court will generally decide to divorce.

2. What are the procedures for a husband to sue for divorce in prison?

1. First of all, you should prepare the indictment or a copy of the indictment and the indictment, your own ID card, household registration book, and marriage certificate, as well as the reasons for your emotional breakdown and physical evidence, and also provide the basic information and support of your child.

2. Secondly, the court considers this to be the most important procedure. After receiving your complaint, the court will file a case. After the case is filed, mediation will be conducted and the trial will be held. During the trial, you need to argue between the two sides, and then the final step is for the court to make a judgment according to the actual situation.

3. In most cases, if one of the spouses is sentenced to prison, which leads to the breakdown of their feelings, and the other spouse requests a divorce, the law allows it.

Can a wife file for divorce if her husband commits a crime? Zhihu 3 divorce generally has two ways:

The first is divorce by agreement, that is, the husband and wife go through friendly consultation and go through divorce registration with the relevant authorities of marriage registration;

The second is litigation divorce, that is, the husband and wife can't reach an agreement and can only divorce through litigation, and the court makes the final judgment.

Under normal circumstances, divorce with prisoners is mostly through court proceedings to dissolve the relationship between men and women, and then the judge will go to the prison where the prisoners are located at the time of the trial to get the transcript, and then make a judgment. When filing a case, it is necessary to file a case in the court in the area where the criminal is serving his sentence.

It doesn't mean that if one of the prisoners is in prison, he will definitely get divorced. If a prisoner is sentenced to a shorter sentence, or is on probation, or is about to serve his sentence, the court will generally give him a chance from the side of benefiting the prisoner and decide that he cannot divorce. But if the prisoner has more than three years left in his sentence, the court will allow him to divorce.

In the relevant provisions of China's current civil code, the court will first mediate those cases that sue for divorce. If mediation fails and it can be proved that the relationship between husband and wife has indeed broken down, divorce shall be allowed.

In any of the following circumstances, if mediation fails, the relationship between husband and wife shall be deemed to have broken down:

First, one of them is bigamy or cohabiting with others after marriage;

Second, one of them has committed violence, abuse or abandonment to his family members;

Third, one of them has a bad habit of gambling or taking drugs and still refuses to change;

Fourth, the husband and wife have been separated for more than two years due to emotional disharmony; Fifth, there are physical defects between husband and wife, or they cannot have sex for other reasons, and it is still difficult to cure;

Sixth, we are too hasty before marriage, and we have not yet established feelings after marriage, so we cannot live together;

Seventh, concealing that you have mental illness before marriage, and the treatment after marriage has not been cured, or suffering from mental illness in married life, which cannot be cured for a long time; Eighth, after the marriage registration formalities, both men and women do not live together and there is no possibility of reconciliation;

Nine, because of their emotional disharmony, the court has not allowed divorce and separated for one year, and both of them failed to fulfill their obligations;

Tenth, adultery or illegal cohabitation with others, despite education, still do not repent, after the people's court ruled that divorce is not allowed, there is still no possibility of reconciliation;

Eleven is that one of them is sentenced to long-term imprisonment or life imprisonment in accordance with the relevant laws and regulations, or his criminal behavior during his sentence seriously hurts the feelings of husband and wife;

Twelve is that one party has been declared missing and the other party has filed a divorce lawsuit;

Thirteen is other circumstances that may lead to the breakdown of marital relationship.