专业团队

《婚姻法》第32条所列举了五种具体的情形是：

1、实施家庭暴力或虐待、遗弃家庭成员。家庭暴力、虐待、遗弃行为中，受伤害方在婚姻家庭关系中往往是弱势一方——妻子、未成年子女、老人，如果发生在夫妻之间双方更是有长期积怨，很难和好。一方要求离婚的，如不及时处理可能对受害一方极其危险。在判决离婚前，要做好坚决不离一方的工作，以防不测。

2、重婚或有配偶者与他人同居的。所谓“有配偶者与他人同居”，最高法院2001年12月24日公布的《关于适用〈中华人民共和国婚姻法)若干问题的解释(一)》界定为：不以夫妻名义，持续、稳定地共同住。

在处理此类案件时要正确处理好法律与道德的关系。一方面不以不准离婚惩罚有过错一方，同时应通过调解、判决等审判活动，加强道德教育，对错误思想和行为予以道德上的谴责。对第三者可建议有关组织对第三者予以适当的行政处分。

对确实已经死亡的婚姻，在做好无过错一方思想工作得基础上判决离婚。从长远来看，这对解放当事人自身，促进社会安定团结，预防矛盾的升级、犯罪都是有利的。

3、有赌博、吸毒等恶习屡教不改的。对这一类案件，首先应教育帮助有此恶习的一方树立正确的人生观，改正自己的行为，多关心家庭、承担家务、照料子女。其次要动员另一方给予关心和帮助，促使双方和好。对少数夫妻积怨太深，被告恶习屡教不改，双方关系极为恶劣，确实不堪共同生活的，应准予离婚。

4、因感情不和分居满2年的。夫妻因感情不和长期分居，双方没有共同的生活，互不履行夫妻之间的义务，使得夫妻关系实际上名存实亡，因此夫妻分居2年标志着夫妻关系破裂。所谓分居，是指夫妻人为中断相互之间的共同经济生活、性生活和互相扶助、精神抚慰。

5、一方被宣告失踪，另一方提出离婚诉讼的。宣告公民失踪，是指公民离开自己的住所下落不明，经利害关系人申请，人民法院经法定程序寻找仍无音讯的，宣告该公民为失踪人。

夫妻一方失踪，客观上已经不履行自己对家庭、对子女、对配偶的责任，维持这种婚姻关系对另一方已无实质意义。因此法院判决解除失踪人的婚姻关系，对及时有效保护婚姻关系双方当事人合法权益，保护有其他利害关系当事人的合法利益，稳定家庭秩序与社会秩序有着重要的现实意义。

Article 32 of the Marriage Law lists five specific situations:

1. Engaging in domestic violence, abuse, or abandonment of family members. In domestic violence, abuse, and abandonment, the injured party is often the weaker party in the marital and family relationship - the wife, underage children, and the elderly. If it occurs between spouses, there is even long-term resentment between the two parties, making it difficult to reconcile. If one party requests divorce, if not handled in a timely manner, it may be extremely dangerous to the injured party. Before the divorce judgment, it is necessary to do a firm job of not leaving one party, in case of unforeseen circumstances.

2. Bigamy or cohabitation with others by a spouse. The so-called "cohabitation of spouses with others" is defined by the Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, published by the Supreme Court on December 24, 2001, as: not living together in the name of spouses, continuously and stably.

When dealing with such cases, it is important to properly balance the relationship between law and morality. On the one hand, the party at fault should not be punished for not allowing divorce, and at the same time, moral education should be strengthened through mediation, judgment, and other trial activities, and erroneous thoughts and behaviors should be morally condemned. It can be suggested that relevant organizations impose appropriate administrative sanctions on third parties.

For marriages that have indeed died, divorce should be judged based on the ideological work of the innocent party. In the long run, this is beneficial for liberating the parties themselves, promoting social stability and unity, preventing the escalation of conflicts and crimes.

3. Those who persist in bad habits such as gambling and drug use. For such cases, the first step is to educate and help the party who has this bad habit to establish a correct outlook on life, correct their behavior, care more about the family, take on household chores, and take care of their children. Secondly, we need to mobilize the other party to provide care and assistance, and promote reconciliation between the two sides. If there is too much resentment towards a few couples, the defendant's bad habits persist, and the relationship between the two parties is extremely bad, and it is indeed not possible to live together, divorce should be granted.

4. Separated for at least 2 years due to emotional discord. Due to emotional discord and long-term separation, both parties do not have a common life and fail to fulfill their obligations as spouses, resulting in the actual existence of the marital relationship. Therefore, a two-year separation between spouses marks the breakdown of the marital relationship. The so-called separation refers to the artificial interruption of mutual economic life, sexual activity, mutual assistance, and spiritual comfort between spouses.

5. If one party is declared missing and the other party files a divorce lawsuit. Declaration of a citizen's disappearance refers to the act of declaring a citizen as a missing person after leaving their residence and their whereabouts are unknown. If there is still no news from the people's court after the application of an interested party and the search is carried out through legal procedures, the citizen shall be declared as a missing person.

One spouse who goes missing objectively no longer fulfills their responsibilities to the family, children, and spouse, and maintaining this marital relationship is of no substantive significance to the other party. Therefore, the court's ruling to terminate the marital relationship of the missing person has important practical significance for timely and effective protection of the legitimate rights and interests of both parties in the marital relationship, protection of the legitimate interests of other interested parties, and stability of family and social order.