Our country's law stipulates that there are two ways of divorce, divorce by agreement and divorce by litigation. If one party is unwilling to divorce, the other party can appeal to the court for divorce. If the relationship breaks down, the court will approve the divorce.
When dividing the property of disabled couples, give them some help and care. The general principle is that the divorce resolution between disabled people and non-disabled normal people or the divorce resolution between two people is to divide the property of disabled people after divorce.
If the husband and wife cannot reach an agreement on the division of property through consultation, they can divide the property in the following ways, as follows:
1. In the case that the disabled and normal people are not disabled, the local people's court will make a judgment according to the specific circumstances of the husband and wife, that is, the amount of property shared by both parties, the length of time they live together, the health status of both parties, and the earning power of both parties. And consider giving more convenience to the disabled when dividing the joint property of husband and wife.
2. If both husband and wife are disabled and divorce, the local people's court shall, according to the situation of both parties, give appropriate care and more benefits to the party with serious disability or poor family conditions.
legal ground
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses 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.