Gambling by one spouse alone is not enough to determine that the relationship between husband and wife has broken down, and there must be a situation of "repeated education and no change". Legally speaking, it is generally determined by the number of gambling, the facts stated by family, friends and neighborhood committees, the administrative punishment of public security organs or the guilty verdict of judicial organs. If one spouse gambles and refuses to change his mind, there will be no contribution to the family, and the life of husband and wife will become nominal. The continuation of this marriage will do great harm to the other spouse and children. At this time, divorce is also a relief for the other spouse.
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court 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;
(four) separated for two years due to emotional discord;
(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.
Article 1080 The marriage relationship is dissolved when the divorce registration is completed or the divorce judgment or conciliation statement comes into effect.
Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.