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How does Chinese Court identify marital affection is broken?

date:2019/11/25 Clicks:120
Article 32 of Marriage Law of the People's Republic of China stipulated that : “When one party alone desires a divorce, the organizations concerned may carry out mediation, or the party may appeal directly to a people's court to start divorce proceedings.
In dealing with a divorce case, the people's court should carry out mediation between the parties. Divorce shall be granted if mediation fails because mutual affection no long exists.
(1)bigamy or, cohabitation of a married person with any third party;
(2)domestic violence or, maltreatment and desertion of one family member by another;
(3)bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition;
(4)separation caused by incompatibility, which lasts two full years; and
(5)any other circumstances causing alienation of mutual affection. 
Divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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