What is a divorce?

Divorce means the termination of the husband and wife relationship under a legally effective judgment or decision of the Court at the request of either spouse or both spouses.

Divorce is a right of husband or wife, which is a manifestation of the notion of the voluntary and progressive marriage principle. Divorce is a legal act that allows a husband and wife to exercise their rights while they are still alive by requesting the Court to terminate their marriage when it no longer serves its purpose.

The State has control over divorce through the recognition or decision of the Court. The court will only grant a divorce at the request of the husband or wife when the marriage deteriorates and their common life is impossible and the marriage purposes are unachievable. The court recognizes an amicable divorce when the husband and wife request a divorce and the parties are truly willing and able to reach an agreement on the division of property, common child raising obligations. Further, the agreement ensures the legitimate interests of the wife and the child.

The husband and wife are not allowed to terminate their marriage solely by agreement. Divorce is an unusual occurrence that goes against the principles of marriage, and it is only to be used as a last resort when the marriage is no longer meaningful and its purposes are unachievable.

A husband has no right to request a divorce when his wife is pregnant, is giving birth or is nursing an under-12-month child.

According to the 2014 Law on Marriage and Family, a parent or another next of kin of the spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her actions due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.

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