In China, when people wants to get a divorce but fails to do that by reaching a divorce agreement with the other party, he/she may have to do it by filing a divorce lawsuit. So it is important to learn the marriage law with regard to criteria for the divorce before he/she decides to file a lawsuit.
From Chinese perspective, the marriage is based on emotion. It is hard to describe but most people know that shall be a kind of description of love. Therefore, if emotion does not exist, there shall be the end of marriage.
Under the Chinese marriage law, if emotion does not exist, divorce can be granted. But before that, the court should carry out mediation between the parties and see if divorce is inevitable.
Although in most divorce cases, the dispute will focus on the property division and child support, there are cases in which one party says there is no emotion, but the other party insists emotion still exists. Under such circumstances, from my experience, the court will not grant the divorce if there is no other evidence to support the plaintiff’s claim.
Therefore, the lawsuit can be hard if the defendant insists emotion still exists and refuses the divorce. The plaintiff may have to file the lawsuit again after 6 months and then the possibility of divorce granted by the court will be much higher.
Of course, the plaintiff can also provide evidence in relation to circumstances as listed by the marriage law to support his/her claim of divorce, if such evidence can be confirmed and accepted by the court, the court can grant the divorce even the defendant refuses to divorce. Such circumstances include:-
1) bigamy or, cohabitation with any third party;
2) family violence or, maltreatment and desertion of family member;
3) bad habits of gamble or drug addiction which cannot be corrected despite repeated admonition;
4) separation due to bad emotion, which lasts two years.
Please feel free to contact me if you have any question. Email address: erexcxl@yahoo.com.cn
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Oi, achei teu blog pelo google tá bem interessante gostei desse post. Quando der dá uma passada pelo meu blog, é sobre camisetas personalizadas, mostra passo a passo como criar uma camiseta personalizada bem maneira. Até mais.
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