What about the breakdown of marriage? Can a dull marriage really not last? If the marriage is teetering, you should get out in time. A partner who changes his mind doesn't have to stay, and time won't kill everything. What is the breakdown of marriage feelings? Let's have a look.
What is the breakdown of marriage? 1 marital relationship breakdown:
(1), one party bigamy or spouse cohabiting with others.
(2) One party commits domestic violence or maltreats or abandons family members.
(3) One party has bad habits such as gambling and drug abuse.
(4) Both parties shall not be separated for two years due to emotional reasons.
(5) One party is declared missing.
(6) One party suffers from a disease that is prohibited by law from getting married, or one party has physical defects and cannot have sexual relations for other reasons, which is difficult to cure.
(7), the two sides lack of understanding before marriage, hasty marriage, marriage did not establish marital feelings, it is difficult to live together.
(8) One party conceals mental illness before marriage and cannot be cured after marriage, or one party suffers from mental illness during the life of husband and wife and cannot be cured for a long time.
(9) One party cheats the other party, or cheats to obtain a marriage certificate in marriage registration.
(10). After the marriage registration, both parties have never lived together and there is no possibility of reconciliation.
(1 1), arranged marriage, buying and selling marriage, one party immediately filed for divorce after marriage, or * * * lived together for many years, but did not establish marital feelings.
(12), one party is sentenced to fixed-term imprisonment according to law, or his illegal and criminal behavior seriously hurts the feelings of husband and wife.
(13), the relationship between husband and wife did break down for other reasons.
What is the breakdown of marriage feelings? 2. Look at the foundation of marriage. Marriage is not only a blend of feelings, but also a strong social factor.
For example, whether the basic conditions, educational level and family background of both sides are equivalent. Although these conditions are not absolute factors of marriage, they are important contents that cannot be ignored. Some young men and women are often relatively weak in judging things because they are young. If there is a deviation in the basis of marriage, despite the vows before marriage, if the two sides have great differences after marriage and cannot tolerate each other, it is likely to lead to the breakdown of marriage.
Second, look at the feelings after marriage. As husband and wife, * * * care about each other, be loyal to each other and respect each other in life.
Love is an important factor to express and reflect the quality of marriage, and it is also an important factor to judge the breakdown of feelings. Looking at the feelings after marriage, we should first look at whether the husband and wife respect and care for each other, care for each other, support and help their parents, have a sense of responsibility for the family, take care of their offspring with their children, discuss problems with each other, and pay attention to democracy and equality in the family. In addition, it is necessary to comprehensively analyze the ideological quality, lifestyle, personality habits, husband and wife life, etc., and grasp the feelings of both parties from the development trend of married feelings, that is, look at the past, base on the present and look at the future, so as to better judge whether the relationship between husband and wife has really broken down.
Third, look at the reasons for divorce. As a social phenomenon, divorce has different reasons in different marriages.
Generally speaking, there are the following types: (1) The two sides are quite different in personality and cannot tolerate each other. In addition, some interference from both families leads to divorce; (two) one party has a problem with conduct and refuses to change after repeated instruction, which leads to the disappointment of the other party; (three) due to economic reasons, the two sides can't * * degree of needy households; (4) Reasons for sympathizing with the third party; (five) the long-term sexual life of husband and wife is not harmonious; (6) Divorce due to other reasons. Finding out the real reason of divorce plays a very important role in accurately judging whether the relationship between husband and wife really breaks down.
Fourth, see if there is any possibility of reconciliation. The relationship between husband and wife is not static. It can change from good to bad, and it can also change from bad to good.
Contradictory parties divorce because of emotional trauma caused by various reasons. As long as their relationship is not really broken, it can be reconciled by using various factors that are conducive to emotional recovery and healing, plus active and effective work outside. Mediation and reconciliation of divorce cases in judicial practice is a good example. The above four aspects are interrelated and influence each other to form a whole, that is, the court usually judges whether the relationship between husband and wife is broken in judicial practice. After the parties understand these situations, they can prepare a complaint or defense according to their own claims, provide the court with evidence materials that are conducive to supporting their claims, and consult professional lawyers in detail when necessary, which will have a multiplier effect.
What is the breakdown of marriage feelings? From the court's point of view, the court will generally consider the emotional situation of both parties according to many factors.
Look at the marriage foundation of both parties, whether they get married by their own love or arranged by their parents, by money, power and status, out of sympathy and vanity, or because the woman is pregnant.
Second, look at the feelings after marriage, whether the husband and wife respect each other and help each other, whether there is a dispute, and the character of both sides;
Third, look at the current emotional situation, whether there is a possibility of reconciliation, whether there is a willingness to continue living together, and whether there is no concern for each other;
Fourth, it is also the most important thing to look at the reasons for divorce, whether it is because one party is derailed or incompatible with personality, or because of one party's living habits or moral quality. After considering many factors, see if there is any evidence that directly leads to the breakdown of feelings.
From the prosecution's point of view, the direct evidence of emotional breakdown is:
1. Videos and photos of one party's bigamy or derailment, witness testimony of the insider, residence certificate of the derailed party and the third party, proof of renting or buying a house, hotel information, etc. ;
2. For domestic violence, there are medical records, injury identification, alarm records and witness testimony of forensic doctors or previous hospitals;
3, involving bad habits, drug abuse, gambling behavior issued by the public security organs of the punishment certificate, crime certificate, administrative punishment decision, etc. ;
4, separated for two years, separated for two years due to emotional discord, with relevant witness testimony, neighborhood committees, village committees, etc.
Legal basis: According to the provisions of the third paragraph of Article 32 of the Marriage Law, there are several specific reference standards for determining that the relationship between husband and wife has indeed broken down:
(1) Bigamy or cohabitation with others;
(2) committing domestic violence or abusing family members in other ways, or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(4) separated for 2 years due to emotional disharmony;
(5) Other circumstances that lead to the breakdown of marriage relationship.
What is the breakdown of marriage? 4 what is the breakdown of marriage?
Many people say this: We had no feelings from the beginning, and we often quarreled and fought. After several years of separation, our feelings broke down long ago, and so on. Everyone thought that their marriage feelings had completely broken down and met the conditions for divorce. Yes, that's right. You know how your husband and wife live, how you live, how bad your relationship is, how you often quarrel, and how you have no feelings, but the judge presiding over your divorce case doesn't know! He is neither you nor your wife (your husband), and he doesn't know how you live. So you need to prove to the court that what you said is true.
Generally speaking, the feelings of husband and wife include but are not limited to these: the situation of two people falling in love (or blind date engagement), the situation of engagement and marriage, the relationship after marriage, the angry quarrel after marriage, the time and reason of separation, and the situation after separation. To put it simply: the emotional foundation before marriage is good or bad, and the relationship between husband and wife after marriage is good or bad. For example (of course, the example here is not absolute): the emotional foundation of free love before marriage is better than that of introducing blind date engagement; Those who have known and engaged for a long time have a better emotional foundation than those who have known and engaged for a short time; A good relationship just married (that is, at the beginning of marriage) is better than a general relationship at the beginning of marriage.
The relationship between husband and wife after marriage, the relationship between the two sides is the focus to be paid attention to, and it is also the piece that the court is trying to figure out. You said that the relationship between two people is not good, and you have to have factual examples to support your statement. For example, one day, he (she) suspected that I had a bad relationship with others because I was working outside. They talked more and more vigorously, and even had a big fight, and then I ran away from home, and then how to make up. In other words, no matter how good you say it, you need facts to prove it.
Let's look at separation again. The "separation" mentioned here refers to the separation between husband and wife due to bad feelings. The time of separation that the court wants to ask is generally the time of the last separation. Some people will say: after marriage, the two of us separated for a long time because we were not in the same place for work. This kind of "separation" is different from the "separation" that the court needs to find out in divorce proceedings, and it is not a "separation" that leads to the breakdown of husband and wife's feelings.
In addition, separation is not only the separation of one person and one family, but also the life of living in separate rooms and beds. Of course, in reality, the latter situation is difficult to prove and the court is not easy to find out. But it is not impossible, at least it is a state of separation, and the key lies in what leads to separation. The party who advocates divorce needs to be separated because of bad emotions such as anger and quarrel. Resignation caused by other reasons (such as work reasons) does not belong to this category.
What happens after separation is actually whether the party who disagrees with the divorce has taken reconciliation measures after separation, such as: taking the initiative to show kindness, asking for reconciliation, taking the initiative to admit mistakes, and being willing to correct them. If there is, it means that this person doesn't want a divorce. This is what he really thinks in his heart and he didn't do it. If not, it means that this person doesn't really want a divorce, maybe he has other purposes.
No matter whether men or women want to divorce, if negotiation fails, they can only take the way of litigation, so that they will not feel that their feelings are broken and the court can decide on divorce. At least you should have an accurate understanding of "emotional breakdown". Don't take it for granted and fight unprepared.