Grounds of Divorce under China Law of Divorce

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Grounds of Divorce under China Law of Divorce

Unread postby Admin » Mon Dec 23, 2013 12:42 pm

Grounds of Divorce under China Law of Divorce
1. Abandonment by the defendant for one year:
2. The following is a description of the three variations of abandonment in China:
3. Physical Abandonment: The defendant moved out of the marital residence a year or more before the commencement of the divorce action
4. Lock-Out: The defendant locked the plaintiff out of the martial residence a year or more before the commencement of the divorce action
5. Constructive Abandonment: The defendant, for no valid reason, has refused to have sexual relations with the plaintiff for a year or more before the commencement of the divorce action.
6. Cruel or inhuman treatment, such that the conduct of the defendant, the person against whom the divorce action is filed, so endangers the physical or mental well-being of the plaintiff, the person who filed the divorce action, as to render cohabitation unsafe or improper. If you use the grounds of cruel or inhuman treatment, several examples of such behavior must be given. The examples must include the approximate dates and places where incidents occurred. The incidents must not have taken place more than five years prior to commencing the divorce. Incidents that include any form of physical abuse are valid for these grounds. Other examples may include verbal abuse, staying out of the marital residence overnight without explanation, or threats of physical harm. A long-term marriage may require a higher degree of nonphysical abuse than a short-term marriage.
7. Imprisonment of the defendant for some consecutive years during the marriage: Imprisonment is a common ground for divorce. It may be used by the plaintiff if the defendant went to prison after the marriage took place and the defendant has been in prison for some years immediately prior to the commencement of the divorce action.
8. Adultery by the defendant. Although, adultery may be a common reason for divorce, it is not often used as grounds due to the high degree of proof that is required by the Court to grant a divorce on this basis.
9. Living apart for one year pursuant to a separation decree, judgment or written agreement, with satisfactory proof of substantial performance thereof. A much less common ground is a divorce based upon a court ordered legal separation. Very few people are willing to go through the time and expense of a legal action to request that the Court provide an order of separation. Accordingly, it is almost unheard of to base a divorce upon this ground.
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