Divorce refers to the legal act that both husband and wife dissolve their marriage relationship according to legal conditions and procedures.
Divorce has the following legal characteristics:
1, the dissolution of marriage is based on the existence of legal marriage. Divorce is the dissolution of legal and valid marriage relationship, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Men and women who do not meet the conditions for marriage and ask for a "divorce" after marriage shall not be treated as divorce;
2. The subject of dissolution of marriage relationship is the marriage parties. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity abuses or abandons the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures. If the changed guardian brings a divorce lawsuit on behalf of a person without civil capacity, the people's court shall accept it.
3. The dissolution of marriage relationship shall conform to the statutory divorce conditions and procedures. A divorce agreement reached by both parties to a marriage, or a divorce agreement reached under the auspices of the unit, mass organization, residents' (villagers') committee, grass-roots mediation organization and other relevant departments of both parties to a marriage, does not have the legal effect of divorce. The parties need to go through the divorce formalities according to legal procedures, otherwise the legal effect of divorce will not occur;
4. Dissolving the marriage relationship will have a series of legal consequences of divorce. The termination of marriage will lead to a series of consequences, such as the elimination of husband and wife's personal relationship, the liquidation of property, the change of children's rearing methods, and the settlement of debts.
legal ground
People's Republic of China (PRC) Civil Code
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.