news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

according to the fujian radio and television first help group, on september 21, in changle, fujian, mr. li sought help, saying that his wife had left home alone in 1996 and had not been heard from since. mr. li had filed for divorce, but his case was rejected.

it is reported that mr. li met ms. zhao from dazhou, sichuan in 1994, and returned to changle that year to get married and have a son. in december 1996, ms. zhao ran away from home alone and has not been heard from since. mr. li filed for divorce, and the court ruled in 2016 that mr. li could not provide sufficient evidence to prove that the relationship between the two parties had completely broken down, and the divorce request was not supported according to law. mr. li said that he now wanted to start a new family and give his girlfriend a name, but he was blocked because he failed to divorce smoothly.

how to prove "broken relationship" when the wife has been out of touch for nearly 20 years? is mr. li cheating or bigamy when he is in a relationship? if his wife suddenly shows up, can she claim to divide mr. li's property? yi xu, a partner of hunan jinzhou law firm, explained the questions that netizens are concerned about.

tips for a successful divorce:

yi xu said, 1. re-file the divorce lawsuit. in legal practice, after the first divorce lawsuit is rejected, the court will often consider the actual situation and evidence of both parties more carefully when filing the second lawsuit, so mr. li can collect more evidence to prove that his relationship with ms. zhao has completely broken down. although the court previously believed that the evidence was insufficient, the situation may change with the passage of time and the emergence of new evidence. 2. apply for a declaration of missing or dead. if ms. zhao has been out of contact for more than a certain number of years (usually 2 years), mr. li can apply to the people's court to declare ms. zhao missing or dead. once the declaration of missing or dead is successful, it will provide a legal basis for mr. li's subsequent divorce lawsuit or property disposal. whether it is necessary to apply for the disappearance or death of his wife depends on mr. li's specific needs and circumstances. if mr. li is eager to divorce and form a new family, and believes that ms. zhao is no longer likely to appear, then applying for a declaration of missing or dead may be an effective way to speed up the divorce process.

whether it constitutes bigamy:

yi xu said that if mr. li formed a new family with his current girlfriend without formally divorcing, this might constitute bigamy in law. therefore, before the divorce lawsuit is resolved, mr. li should avoid living together with his current girlfriend as a couple or registering their marriage.

property division issues:

yi xu believes that if ms. zhao suddenly appears and asks to divide mr. li's property for the past 20 years, the court will make a ruling based on the specific circumstances. normally, the common property of the couple is divided upon divorce. but if ms. zhao has not fulfilled her family obligations for a long time and her whereabouts are unknown, the court may take this into consideration when dividing the property. in addition, if mr. li can prove that he alone took on family responsibilities and accumulated property during the period when ms. zhao disappeared, the court may also give him a certain preference when dividing the property.

xiaoxiang morning news reporter zhou lingru