Should I get a divorce because my wife is sick without children?

In recent years, many readers have sent questions to us regarding divorce due to the diseased wife without children, through research and research we have edited and drafted the contents to answer for readers on this issue.

Should I get a divorce because my wife is sick without children?

1. Divorce unilaterally because the sick wife can not have children?

Hi My lawyer named T is currently in Long Bien district, Hanoi City. My wife and I have been married for 5 years now, but after such a long time together without children, we decided to go to the doctor to see her because she had a female patho path, so she could not have children, she was very sad and depressed. So your lawyer asks if in this case you can proceed with a divorce without your wife's consent? Thank you, Lawyer!

Counsel lawyers:

Thank you very much for sharing your story and using DFC Law Firm's divorce counseling service. Hope this article is useful for you, help you solve the problems that still occur in practice, readers can contact via Hotline 19006512 to be discussed directly with us. Regarding the content of your situation we would like to give advice as follows:

Your request for a divorce without your wife's medical assistance will be subject to divorce at the request of a party (unilateral divorce). For unilateral divorce, Vietnamese law as stipulated in Article 56 of the Law on Marriage and Family 2014 is as follows:

"Article 56. Divorce at the request of a party

1. When a spouse requests a divorce but the concion at the court is unsuccessful, the court settles for divorce if there are grounds for the husband and wife committing acts of domestic violence or serious violations of the rights and obligations of the spouses, which cause the marriage to fall into serious condition , co-life cannot be prolonged, the purpose of marriage is not achieved.

2. Where the spouses of the person declared missing by the courts request for divorce, the courts settle the divorces.

3. Where there is a request for divorce as prescribed in Clause 2, Article 51 of this Law, the court settles for divorce if there are grounds for husband and wife to commit acts of domestic violence that seriously affect the life, health and spirit of the other person."

Thus, based on Clause 1, Article 56 of the Law on Marriage and Family 2014, divorce can be unilaterally divorced when one of the following grounds:

• Spouses commit acts of domestic violence;
• Serious violations of the rights and obligations of husband and wife cause the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage is not achieved.

These issues are detailed and answered in Article 8 of Resolution No. 02/2000/NQ-OSP as follows:

"... a.1. Considered a serious couple's condition when:

- Husband and wife do not love, respect, care for and help each other as those who only know the duty of that person, leave the wife or husband who wants to live, live, have been relatives of them or agencies, organizations, reminded, reconciled many times.

- Spouses always commit acts of mistreating or tormenting each other, such as regularly beating, or committing other acts that offend each other's honor, dignity and prestige, have been repeatedly reminded and reconciled by their relatives or agencies, organizations or organizations.

- Husband and wife who are unsymed as having an affair, have been approached by their spouses or relatives or agencies, organizations, reminders and counseling but continue to have adultery relations;

a.2. In order to have a basis for the common life of the husband and wife can not be prolonged, it must be based on the current condition of the husband and wife has reached the seriousness as directed in point a.1 this section 8. If the reality shows that they have been reminded and reconciled many times, but continue to have an affair or continue to live separately, neglect each other or continue to commit acts of abuse or insult to each other, then there are grounds to say that the couple's life together can not last.

a.3. The purpose of the marriage is not achieved as there is no husband and wife gratitude; inequality of obligations and rights between spouses; disrespecting the honor, dignity and prestige of husband and wife; disrespecting the freedom of belief and religion of husband and wife; do not help, create conditions for each other to develop in all aspects.

..."

Thus, if your wife is ill without children, she is not one of the cases entitled to divorce at the request of a main party so that in this case you can not use the unilateral divorce plan.

2. Infertility wife, should I divorce?

My wife and I have been married for many years but have no children, when we go to the doctor, we know that my wife is infertility. Then there are the days of quarrels, chiseling the family. I'm the 10th child in the family, so I'd love a child. I don't know if I should get a divorce. I hope my lawyers and consultants help me. Thank you!

Counsel lawyers:

Hi, thank you for sending your questions to DFC's team of family psychology consultants. In this case, we would like to consult as follows:

The desire to have children and pressure from family and relatives will make them both feel extremely tired and pressured. However, whether the cause of infertility comes from the husband or the wife, the woman is always the one who is under the most pressure. Women have the instinct to be a mother so your wife is the first person to grieve when she can not have children. So if your love for your wife is big enough and feels that having children can't stop you from loving her, continue this marriage.

DFC Fast-Package Divorce Service - 19006512

And if you two do not fit together, there are signs of emotional rifts, then consider the signs of divorce to make the correct decision for your case:

- Husband and wife disagree, often quarrels, disputes, conflicts and these disagreements do not come from the main reason that you can not have children;

- You are not willing to sacrifice your right to be a father to live a lifetime with your wife. In this case, if the marriage continues will only cause more suffering for both of you. Even if you try to hide your desire to have children, your wife will recognize and feel pity. Moreover, when the desire to have children is too strong, you will easily fall into other temptations;

- You can not protect your wife against pressure from family and public opinion: your wife can not have children makes your parents chatter, insult her but you can not stop? Can't be definitive on the part of your birth parents or your wife? In this case, consider divorce to free your wife because maintaining the marriage will only make her more hurt.

When you get divorced, you can discuss it with your wife to get a divorce or you can divorce unilaterally:

• Favorable divorce: The couple discussed, agreed on the divorce and division of common property formed during the marriage;
• Unilateral divorce: You need to have evidence that your wife commits serious violations of the rights and obligations of the wife, causing the marriage to fall into serious condition, the common life can not last, the purpose of the marriage is not achieved. (Note, your wife's inability to have children is not grounds for a legal divorce.)

In addition, we would like to advise you on solutions when your wife is infertility as follows:

First, you can choose the solution "Pregnancy" under Clause 22 Article 3 of the Law on Marriage and Family 2014: Vietnamese law has provisions on midwifeous pregnancy to help infertility couples have the opportunity to become parents.

Secondly, you can choose the solution "Adoption" in accordance with the provisions of the Law on Adoption 2010.

Whatever the solution, it is necessary to discuss carefully with each other in order to receive the unity of both spouses. You also need to be psychologically and financially prepared when deciding whether to get pregnant or adopt.

The above is the full content of our situation and advice on the issue of Divorce due to the sick wife without children. Please contact us via the Free Legal Advice Hotline 19006512 to discuss directly and answer other legal issues in practice.

Ls. Le Minh Cong