What is the basis for judging the emotional disharmony between legal couples? thank you

Article 32 of the Marriage Law stipulates that if the relationship between husband and wife has indeed broken down and mediation fails, divorce shall be granted. Whether it is "emotional breakdown" is the key to the trial of divorce cases. If the emotional breakdown is identified, the divorce can be judged, otherwise the divorce should not be judged. How to determine that the relationship has indeed broken down gives the judge discretion. Article 32 of the Marriage Law stipulates five criteria for determining emotional breakdown:

(a), bigamy or a spouse living with others. The so-called "spouse cohabiting with others" means that the spouse and the opposite sex outside marriage, not in the name of husband and wife, live together continuously and steadily. If it is in the name of husband and wife, it constitutes bigamy.

(2) committing domestic violence or abusing or abandoning family members. The so-called "domestic violence" refers to the behavior that the perpetrator causes certain harm to the physical and mental aspects of his family members by beating, binding, maiming, forcibly restricting personal freedom or other means. Persistent and frequent domestic violence constitutes abuse.

(3), gambling, drug abuse and other bad habits.

(four) due to emotional discord, separated for two years.

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

Item 14 stipulated in the Supreme People's Court's "Several Specific Opinions on How People's Courts Determine that Husband and Wife's Feelings have Really Broken" does not conflict with the current Marriage Law, including:

1. One party suffers from diseases prohibited by law from getting married, or one party cannot have sexual relations due to physical defects and other reasons, which is difficult to cure.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

3. Concealing mental illness before marriage and being cured after marriage, or getting married knowing that the other party is suffering from mental illness before marriage, or one of the spouses is suffering from mental illness during their life and has been cured for a long time.

4. One party cheats the other party, or cheats to get a marriage certificate in marriage registration.

After the marriage registration, the two sides have never lived together and there is no possibility of reconciliation.

6. Arranged marriage, buying and selling marriage, and one party immediately files for divorce after marriage, or * * * has lived together for many years, but has not established marital feelings.

7. Having been separated for two years due to emotional disharmony (the original opinion stipulates that it is three years, which conflicts with the current marriage law), there is really no possibility of reconciliation, or having been separated for one year by a people's court ruling that divorce is not allowed, and failing to perform the obligations of husband and wife.

8. One party has committed adultery or illegally cohabited with others, and still refuses to repent after education. It is really impossible for the innocent party to sue for divorce, or for the wrong party to sue for divorce, and the other party does not agree to divorce. After criticism, education and punishment, or after the people's court ruled that divorce is not allowed, the wrong party sued for divorce. (the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China < 1 > Article 22 stipulates that if the divorce case is heard by the people's court and it is in line with the "divorce should be allowed" situation stipulated in the second paragraph of Article 32 of the Marriage Law, the divorce should not be decided because the parties are at fault. )

9. One party bigamy, the other party filed for divorce.

10. One spouse likes to relax and hate work, has bad hobbies such as gambling, fails to fulfill family obligations, and refuses to change after repeated education, which makes it difficult for husband and wife to live together.

1 1. One party is sentenced to long-term imprisonment according to law, or its illegal and criminal acts seriously hurt the feelings of husband and wife.

12. One party's whereabouts were unknown for two years, and the other party filed a divorce lawsuit. After the announcement, it was found that there was no whereabouts.

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

14. The relationship between husband and wife really broke down for other reasons.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

I hope I can help you.