What if I break up with my wife? If it's my own fault, what I need is an apology and compensation. Many times, I love someone because I want him (her) to be happy, not because I look at him sad. Hope to adopt!
My wife and I sued twice for emotional breakdown. Can we get a divorce? See if you divorce by agreement or by lawsuit.
1, divorce
A legal act in which husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation.
2. Conditions for divorce by litigation
Article 32 of the Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, divorce shall be granted. Therefore, the condition for the court to decide divorce is that the relationship between husband and wife has broken down. According to the provisions of Article 32 of the Marriage Law, the situations in which the relationship between husband and wife has indeed broken down mainly include:
First, bigamy or a spouse cohabit with others.
1, the criteria for determining bigamy
Article 258 of the Criminal Law stipulates: "Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."
There are two kinds of people who constitute bigamy. The first is a person who has a spouse, marries others, or cohabites with others in the name of husband and wife. The second category is people who know that others already have spouses, register to marry them, or live together in the name of husband and wife. The second type of people's requirement for bigamy is "knowing that others already have a spouse", and it is "knowing" to know beforehand or afterwards and continue to maintain the marriage relationship. On the other hand, ignorance and deception do not constitute bigamy.
The key to determining the crime of bigamy depends on whether it constitutes another relationship between husband and wife. According to the relevant judicial interpretation, there are two cases of bigamy: one is legal bigamy, that is, people with spouses register for marriage with others; Second, in fact bigamy, that is, people with spouses live together with others in the name of husband and wife. In any of the following circumstances, it shall be regarded as living together in the name of husband and wife:
(1) People with spouses hold weddings with others;
(2) Those who have a spouse do not hold a wedding ceremony with others, but are husband and wife or pretend to be husband and wife. In addition to the recognition between the parties and the title of daily life, the parties live together. If the woman is sick, the man will sign in the name of her husband and accompany her. When the woman gave birth to the child, the man signed in the name of her father. The parties celebrate the full moon for their children in the name of parents. , can also be used as auxiliary evidence that husband and wife are commensurate. To determine the crime of bigamy, it is usually necessary to obtain the testimony of people around you, relatives and friends, and prove that people around you think the parties are husband and wife.
2. Forms and standards of cohabitation between spouses and others.
"* * *" and concubinage, which do not constitute bigamy, are two main forms of cohabitation between spouses and others in marriage law. "* * *" and "concubinage" violate the provisions of the Marriage Law on the mutual loyalty of husband and wife and infringe on the rights of legitimate spouses. "* * *" and cohabitation are similar in nature to bigamy, but in different degrees.
(1) ***, which usually shows that a man with a spouse pays the woman with money and material, and the two sides maintain a relatively stable cohabitation relationship or a relatively fixed sexual relationship, and the woman generally only maintains this relationship with the other party. Serious "* * *" behavior may constitute bigamy and be punished by criminal law, but most "* * *" behaviors do not reach the level of bigamy.
(2) Cohabitation means that one spouse openly cohabits with the opposite sex outside marriage, and both parties have no subjective purpose of living together in the name of husband and wife, which does not constitute bigamy. The parties who live together are not money, material and sexual transactions, and some parties still have a certain emotional foundation.
As can be seen from the above, the cohabitation behavior of one spouse and others has the following characteristics: First, the parties have relatively fixed residences; The second is to maintain a relatively stable sexual relationship; Third, intermittent or long-term cohabitation; Fourth, the two sides do not live together in the name of husband and wife.
3. Bigamy at the time of divorce and the responsibility of the spouse to live with others.
(1) loss. If bigamy or cohabitation with spouse leads to divorce, no-fault party may request damages from the wrong party, including property damages and mental damages.
(2) When dividing property and determining the ownership of children's custody in divorce, the innocent party should be taken care of. Take the housing reform house purchased during the husband-wife relationship as an example. If the fault party obtains the property right of the house at the time of divorce, the fault party shall compensate the fault party for more than half of the market price of the house, or divide the property right according to the upbringing of the wife and children of the fault party. If there is evidence that fixed assets or other property of great value were purchased by the wrong party to a third party, it shall be regarded as the joint property of husband and wife.
Two, the implementation of domestic violence or abuse, abandonment of family members
Special reminder: the abuse and abandonment of family members as a couple's emotional breakdown includes not only the abuse and abandonment of one spouse by the other, but also the abuse of the other's relatives, or the abuse of the other's relatives, which the other party does not understand after education.
1, criteria for identifying domestic violence, abuse and abandonment
(1) Domestic violence. Article 1 of the Interpretation of Marriage Law defines "domestic violence" as "an act in which the perpetrator beats, binds, mutilates, forcibly restricts personal freedom or other means, causing certain harm to the body and spirit of his family members." Domestic violence directly affects the victim's body, causing physical or mental pain to the victim and damaging his health and personal dignity. According to the above judicial interpretation, the manifestations of violence include beating, binding, mutilation, forced restriction and other means. The former, that is, beating, binding, mutilation, forced restriction, etc. Actually belongs to the category of physical violence; The latter means that other means can include verbal violence and sexual violence. Because the latter two forms of violence exist objectively in marriage and family, they are two other forms of domestic violence besides physical violence. Then, how to identify verbal violence and sexual violence in trial practice? In my opinion, verbal violence generally uses threats, intimidation, insults, sarcasm, insults and other ways to intimidate and insult each other. , causing long-term mental and psychological pressure and pain to the injured party; Sexual violence refers to the behavior that a husband often forces his wife to have sex against her will or to hurt her reproductive organs in a cruel way in order to satisfy her own * * *, under special circumstances such as her serious illness, menstrual period, delivery period and lactation period, so that her body and mind are greatly damaged. As we know, family members include spouses, parents, children, brothers and sisters, grandparents and daughter-in-law. Therefore, the violence committed by one spouse against the above-mentioned family members belongs to domestic violence.
(2) Abuse refers to deliberately torturing and destroying family members, so that their bodies or spirits are violated. Abuse can take the form of positive or negative actions. Such as abuse, intimidation, restriction of personal freedom, lack of food, clothing, illness and treatment. Constant and frequent domestic violence is a positive behavior abuse.
(3) Abandonment refers to the serious behavior of a person who has the obligation to support, raise and care for the elderly, the young, the sick or other people who are unable to live independently. Abandonment is a manifestation of inaction, and it should fulfill its obligations but not fulfill them, resulting in the violation of the rights and interests of abandoned people.
2, the implementation of domestic violence or abuse, abandonment of family members should bear the legal responsibility.
If domestic violence, abuse or abandonment of family members lead to divorce, the innocent party has the right to claim damages. If the circumstances are minor and cause minor injuries, the public security organ may, at the request of the victim, give the implementer administrative penalties such as warning, fine and detention in accordance with the regulations on administrative penalties for public security; If the perpetrator causes minor injury, serious injury or death to a family member, which constitutes a crime, the judicial organ shall investigate his criminal responsibility.
Third, gambling, drug abuse and other bad habits.
People with bad hobbies such as gambling and drug abuse often indulge in idleness and neglect their work, which not only consumes family property, but also seriously affects the performance of husband and wife's mutual support obligations, causing serious obstacles to their material and emotional life, and the necessary conditions for husband and wife to live together have been lost. Therefore, gambling, drug abuse and other acts are illegal acts that seriously endanger the happiness of marriage and family harmony. If one spouse has bad hobbies, such as gambling and drug abuse, and still refuses to change after repeated education, and the other spouse files a divorce lawsuit, mediation is ineffective, and the general court will grant divorce.
Fourth, separated for two years due to emotional disharmony.
Husband and wife separated for two years because of emotional disharmony, which can generally constitute the fact that the relationship between husband and wife has broken down. "Separation" means that husband and wife no longer live together, no longer perform their obligations, including stopping sexual life, no longer cooperating economically, and no longer caring for and helping each other in life. So is it a breakup to be separated for two years? There are two situations of separation: one is the separation of husband and wife in geographical space due to social reasons; Second, people separated because of bad feelings. In the first case, it can't be used as the basis of emotional breakdown. In the second case, if mediation fails, it should be regarded as emotional breakdown.
The separation of husband and wife caused by emotional disharmony, intensified contradictions and unsuccessful divorce is often caused by the party who insists on divorce. So the one who doesn't want to divorce thinks that this is the other party creating divorce conditions. The author believes that no matter whether the two parties voluntarily separate or one party voluntarily separates, the first is the emotional rift. Two years of separation shows that the husband and wife can't live together for a long time, and the relationship between husband and wife is really irreparable. Even if one party doesn't want a divorce, the other party doesn't want to live with it, which is painful for both parties. On this ground, the parties apply to the people's court for divorce. If mediation fails, the parties will generally be allowed to divorce.
Special reminder: A marriage separated for two years cannot be dissolved automatically.
There is such a misunderstanding in real life: you can divorce yourself after two years of separation. This understanding has no legal basis. Because divorce is a civil legal act in which both husband and wife dissolve their marriage relationship according to legal conditions and procedures, they can only divorce by agreement with the civil affairs department or in court, and there is no other way. At the same time, the civil affairs department and the court determine that the legal standard of divorce is whether the relationship between husband and wife has really broken down, and it is necessary to comprehensively determine whether separation is only one of the reference factors from the aspects of marriage basis, marriage feelings, reasons for divorce and possibility of reconciliation.
5. Other circumstances that lead to the breakdown of marriage relationship.
In judicial practice, other situations that lead to the breakdown of marital relationship mainly refer to the following situations:
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. Concealing mental illness before marriage and curing it after marriage, or marrying the other person knowing that he is mentally ill before marriage, or one of the spouses suffers from mental illness during their life and is cured for a long time;
3, lack of understanding before marriage, hasty marriage, no relationship between husband and wife after marriage, it is difficult to live together;
4. One party cheats the other party, or cheats in marriage registration to obtain a marriage certificate;
5. After the marriage registration, both parties have not lived together and there is no possibility of reconciliation;
6. arranged marriage. After the sale, one party immediately filed for divorce, or * * * has lived together for many years, but has not established a husband-wife relationship;
7. If one party commits adultery with others and still shows no repentance after education, the innocent party files a divorce lawsuit, or the wrong party files a divorce lawsuit, but the other party does not agree to divorce, and after criticism, education and punishment, or the people's court decides that divorce is not allowed, and the wrong party files a divorce lawsuit, it is really impossible to reconcile;
8. One party is sentenced to long-term imprisonment according to law, or violates the law, and the criminal behavior seriously hurts the feelings of husband and wife;
9. One party's whereabouts are unknown for two years, and the other party files a divorce lawsuit. After the announcement, there is no whereabouts;
10. The relationship between husband and wife really broke down for other reasons.
My husband and I have broken up and want a divorce. How can Meizhou handle a divorce that both parties can reconcile?
It can be handled directly at the local civil affairs bureau.
If one party disagrees,
You can only sue in court.
I broke up with my wife and abandoned my paralyzed mother-in-law, so I want to get a divorce as soon as possible.
Didn't even do it.
Because that's the spirit you'll never get rid of. If a person loses,
Spiritual sustenance.
There is nothing unforgettable in the life after that. Nothing can
I still need to review. Even the details of personnel are heartbreaking.
But it is also unforgettable.
Many times, it is not the best ending.
Even a memory, a dream. Worth cherishing.
Isn't it?
To understand love, there are only likes and dislikes.
When I feel like you,
Don't like what it will be.
I tried to tell myself to give up.
It's not easy to say to someone,
I think it is difficult to love someone and not to love someone. someone says that .......
...........
A few years later, after all this time,
Dragon, I can like someone again.
Because I don't like you. but .....
I really like it. Like her?
Why feelings please others. Blasphemy
Maybe everyone will always have some residual scars in his life.
Wrapped around our hearts like the devil, we
Don't want to touch them,
Just a touch,
A dull pain.
So we chose to avoid it,
Chose to dodge, as long as they seem to comfort.
Chose to curl up in the world.
Slowly lost subjectivity, lost self-confidence, lost the ability to open up a new world.
Over time, scars will freeze our emotions.
So, we know what to do, so we can't work and do what we love.
There are some scars that we have uncovered.
I would rather endure short-term severe pain than long-term mild pain. ......
The courage to regain independence is more important than anything else. ..........
Human life is ethereal, dreamy and decadent.
Take it. How big are the happy things in life?
Sadness at some point, manager Lin felt something outside the line,
It is better to abandon the pursuit of the bearish front around the world.
Worries and sorrows in the world, love and hate, are intolerable if they are not solved.
Didn't it just disappear in a few decades?
If so, what's good about it?
My wife and I have broken up and want a divorce, but the division of material property is not consistent. What should I do? Please consult a lawyer. ...
Analyze your situation. ...
If you decide according to law, you have to obey. ...
There is nothing to argue about.
prosecute ...
My wife and I have no feelings and want a divorce. But she threatened to die. What should I do? You old man, you are really irresponsible! Your wife can force you to death, which means that you and your wife are very affectionate. You just said you didn't feel anything. Hehe, is there a mistress outside? Give yourself an excuse to make a fuss.
My wife gave birth to two girls, but neither of them could have children, and her relationship broke down. I want a divorce, but my wife won't allow it. What should I do? You have given birth to two children, even if you divorce, I'm afraid you can't have any more children. Let's live a good life.
My wife and I have no feelings and want to leave, but what if my family doesn't agree? If you want a divorce, leave, don't ask your family's opinion. If the unharmonious marriage continues, the result will only get worse. If it is not solved as soon as possible, both of them will pay their youth. Finally, no one will pay for you.
I don't want a divorce. How to collect evidence to prove that my wife and I didn't break up? Hello, if one party advocates divorce and the other party disagrees, one party should prove that the relationship has indeed broken down, and the other party does not need to prove that it has not broken down.