People in criminal detention can sue for divorce. If one of the spouses is under criminal detention, the other spouse can go to court to sue for divorce. The following procedures are required to sue for divorce: 1. The plaintiff filed a civil lawsuit and applied to the court with jurisdiction to file a case. 2. When applying for filing a case, you need to submit your ID card, marriage certificate, complaint and legal fees. 3. The plaintiff's claim needs to submit corresponding evidence, such as property evidence and child support evidence; 4. The court will conduct mediation after filing the case. If mediation fails, the court will hold a hearing and make a judgment.
Legal objectivity:
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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.