Current location - Plastic Surgery and Aesthetics Network - Plastic surgery and medical aesthetics - Can a comatose couple file for divorce?
Can a comatose couple file for divorce?
Legal analysis: According to Chinese laws, divorce can be agreed or prosecuted. Because the husband is in a coma and has no recognition ability, he belongs to a person without civil capacity. According to the provisions of Article 12 of the Marriage Registration Ordinance, the marriage registration authority does not accept divorce by agreement, and can only take the form of suing for divorce. According to the provisions of the Civil Procedure Law, if a person without civil capacity cannot express himself in a divorce case, his legal representative shall act as his agent.

Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC), if one of the spouses requests a divorce, the relevant organization can mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's courts shall conduct mediation. If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (4) separated for two years due to emotional disharmony; (5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.