【Facts】
Ah Hua and Xiao Li have been married for more than 3 years, and the two have a son. Recently, Ah Hua was sentenced to 8 years in prison for a crime, Xiao Li thought that it was too hard to raise a child alone, so she planned to divorce Ah Hua and then re-establish a family.
Not long ago, her friend Xiaoju said that her husband's imprisonment was automatically divorced, and she did not need to apply for a divorce certificate.
So, is this really the case? #"Billionaire sister" Wu Ying sues for divorce in prison #
【Analysis】
The first thing to explain is that there are only two legal divorce methods, one is litigation divorce, the other is divorce by agreement, and there is no automatic divorce in law.
The prisoner agrees to divorce
Prisoners are in a special capacity and are restricted in their freedom, but marriage and divorce are free. If the two reach an agreement on child support and the division of property, they can apply to the prison, and after agreeing, they can register the divorce accompanied by the police, or the staff of the civil affairs department can go to the prison to go through the divorce procedures.
Inmates sue for divorce
If the two cannot reach an agreement on divorce, Xiaoli can go to court to file divorce proceedings. Because one of the spouses is serving a sentence, it is bound to cause harm to the other spouse, and the divorce proceedings will be easier and faster when the court is ineffective in mediation.
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