Reasons W-H-Y, a divorce should be, allowed, by the courts, off of the Newspapers, translated…
The Civil Law stated that of the ten reasons for divorces, one was “with untreatable illness” but, there were the two couples, one in Taoyuan, the other in Yunlin with the wives filing for divorces on the reason because both husbands had strokes and became, paralyzed, and one couple was allowed to divorce, the other, wasn’t, the legal experts stated, that on reviewing over the decree of divorce, the justices would not just see the illness that one party has, but whether or not the marriages can keep going.
The couple, Wang in Yunlin had been married for twelve years, the husband is an alcoholic, later he’d suffered a stroke, became bedridden, the wife filed for divorce on the fact that he can’t get better, she said, she kept consoling with him to stop drinking, but he’d refused to listen, that was why he’d ended up having a stroke, became paralyzed, and so, her husband played a major part of damaging the relationship; and the husband’s legal representative, the mother-in-law, went to court, and, agreed with the daughter-in-law’s, claims.
The mother-in-law told, that her son had been an alcoholic for more than a decade, three years ago, he’d had a hematoma, and became paralyzed and was placed in a care home, that her daughter-in-law wanted a divorce, and, she would be willing to set her daughter-in-law free. The judge based off of the diagnoses, confirmed that Wang couldn’t care for himself in daily living, that he couldn’t communicate with the outside world, causing the marriage to only be valid in the form, that there’s no way of affirming if his stroke has direct relation with his long-term alcoholism, and so, the courts approved the divorce on “other major reasons”.
The couple, Liu in Taoyuan, the wife also used the fact that the husband had a stroke, and became untreatable in his condition, to file for divorce, but the judge tossed the case, based off of the verdict, the man suffered a stroke two years ago in February, causing him to become paralyzed, and because of the increase in care expenses, plus the woman had conflicts with the means of caretaking, and the assets, she’d started having depression, and wanted to divorce.
But the judge based off of the diagnostic confirmation from the hospital, that although the man had a stroke and is paralyzed, he’s still lucid, and after physical therapy and medication, his movements, responses are, improving, that there’s still the possibility of him recovering, and found that the husband’s conditions aren’t bad enough, that the woman’s not getting along with her in-law’s side of the family isn’t related to the husband, tossed back her divorce claims.
The legal experts analyzed, that the judge would consider on two levels the reasons of divorce was “untreatable conditions”, one, the illness itself, two, does the illness affect the marriage, what’s defined as untreatable illness doesn’t mean that it has to be terminal, normally, it means that there’s no curing the person in the futures to come; as for the untreatable conditions means the diseases that would cause harm to the spouses’ body, like the STDs.
But, with the advancements of medicine, practically, the definitions of the clause needed to get updated too, the highest courts had a newer explanation, that “the untreatable illness” should be interpreted as “enough to impact the maintaining of the marriage, and an illness that’s hard to treat”.
And so, this still showed, that you can’t find your way out of a marriage, just because your spouse is ill with something as these cases showed, that the cases are decided separately, that each case with its own unique situations, and that should be considered.