How do the Courts process a request for divorce under the 2014 Law on Marriage and Family?

Divorce at the request of a spouse:

When the marriage purposes are unachievable, a spouse has the right to request the Court for a divorce (except for restricted cases). The request for divorce must be in writing and filed at the Court where the defendant resides and works. After accepting the case and the reconciliation is unsuccessful, the Court will bring the case to trial. In the trial, the Court shall grant the divorce if it has grounds to believe that a spouse has committed domestic violence or seriously infringed upon the rights and obligations of the husband or wife, resulting in a serious deterioration of the marriage where the common life is no longer possible and the marriage purposes unachievable. The court will reject the request for divorce if the husband-and-wife relationship has not reached a serious level or the parties are able to reconcile.

  • Divorce when a spouse is declared missing:
    • When the spouse of a person who is declared missing under a legally effective judgment requests a divorce, the Court shall permit the divorce.
    •  If a spouse has not been declared missing by the Court, the surviving spouse must request the Court to declare the other spouse missing by a decision. After a court decision has been issued, the surviving spouse is entitled to request the court for a divorce.
  • Divorce by mutual consent:
    • When both spouses request a divorce, a court shall recognize the divorce by mutual consent after making the determination that the two parties have voluntarily agreed to the divorce and have agreed upon property division that takes into account the looking after, raising, caring for and educating their children to ensure the legitimate interests of the wife and children. This Decision takes effect immediately after it is promulgated.

The court shall also permit the divorce if there are grounds to believe that domestic violence has been committed by one spouse which seriously harms the life, health or spirit of the other.

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