Statutory Conditions for Court to Decide Divorce
Whether the court would grant for divorce is depending on the finding that the marriage has irrecoverably broken down. To determine whether the marriage of the couple has indeed irrecoverably broken down, it is necessary to analyze the relationship between the spouses, marital status and the possibility of marriage recovery. According to the judicial interpretation by the Supreme Court on this matter, the following circumstances may be taken as the marriage relationship between husband and wife has broken down:
1) Bigamy or a spouse living with another person;
2) Domestic violence or abandonment of family members;
3) The other party is addicted to gambling or drug use, which he/she cannot quit even if he/she is being requested to quit;
4) Separation for more than two years due to a bad relationship;
5) The parties cannot live together due to another party's physical defect that may not be able to cure or other reasons;
6) Sloppy marriage with lack of understanding before marriage, the married couples fail to establish the relationship after marriage and it is difficult to live together;
7) The other party concealed his/her mental illness before marriage and such disease has not been cured for a long time, or the other parties' mental illness cannot be cured for long-term medical treatment;
8) Both parties do not live together after marriage registration, with no possibility to establish the marriage relationship;
9) Separation for more than one after the court ruled no divorce without fulfilling the obligations owned to each other as spouses;
10) One party committed adultery, illegal cohabitation and there is no possibility of recovery of the relationship after the court decided non-divorce;
11) One party is sentenced to long-term prison or other criminal acts that seriously hurt the relationship of the spouses;
12) One party is declared missing and the other party files a divorce complaint;
