General Rule for Shanghai court to judge “mutual affection no longer exists”

 2018-06-29  1335


The lawsuit is rejected when mutual affection still exists

I.When a divorce is first filed, the defendant expresses that he or she does not agree to divorce, and there is no contradiction in principle. Thus, mutual affection still exists.

 

II.Divorce shall be granted if any of the following circumstances occurs and mediation fails:

a. either party is a bigamist or a person who has a spouse but co-habits with another person;

b. there is family violence or maltreatment or desertion of any family member;

c. either party is indulged in gambling, drug-abuse or has other vicious habits and refuses to mend his or her ways despite of repeated admonition;

d. both parties have lived separately due to lack of mutual affection for up to two years;

e. other circumstances that have led to the nonexistence of mutual affection as husband and wife.

f. if either party has been declared by court as to be missing.

g.If either party suffers from a disease legally prohibited from marriage, or either party is unable to have sex due to physical defects or other reasons, and is difficult to cure;

h.It is difficult to live together without mutual understanding before marriage, or get married in a rash, and no conjugal affection exists after marriage.

i.either party conceals mental illness before marriage, failing to cure after marriage, or marries the other party after knowing that the other party is suffering from mental illness before marriage, or either party suffers from mental illness during the life of being husband and wife for a long time;

j.either party deceives the other party, or cheats on the "Marriage Certificate" in marriage registration;

k.Both parties have not lived together after the marriage registration, and there is no possibility of reconciliation;

L.When a marriage arranged or sold , either party immediately after marriage proposes divorce, or although they have lived together for many years, they have not established any relationship between husband and wife;

m.they live apart for more than one year without fulfilling the obligations of husband and wife after divorce is not granted by Shanghai court.

n.either party has adultery, or cohabits with others, even has no regret after admonition, the no-fault party sues divorce; or the fault party sues divorce, but the other party disagrees, after admonition or punishment, or after divorce is not granted in the Shanghai court, the fault party sues divorce again and it is impossible to make up.

o.either party is sentenced to long-term imprisonment according to law, or his illegal or criminal acts seriously harm the feelings of spouse affection.

p.If the party accused fails to appear in court without reason after being summoned by the court in accordance with the law, and fails to submit a written reply, the court shall hold a hearing in absentia according to the law. If the requesting party has a firm attitude towards divorce, the divorce may be granted.