Hello everyone, someone who understands the law can help me, the heavy love 20

Updated on society 2024-02-24
1 answers
  1. Anonymous users2024-02-06

    In this case, you will definitely have to file for divorce, and in order to strive for greater interests, it is recommended to find a lawyer to intervene as soon as possible and have sufficient evidence. Here are some specific legal requirements:

    1. China's Marriage Law stipulates that husband and wife have equal rights to dispose of joint property. Processing is the right of disposition. When disposing of the joint property of husband and wife, the consent of all co-owners shall be obtained. Where one party disposes of common property without the consent of the other party, it is an invalid civil act.

    2. What should one party do when divorcing hid, transferred, sold, or destroyed the joint property of the husband and wife, or forged debts?

    First, the party whose property is infringed should cooperate with the court to actively investigate and collect evidence, obtain evidence of the other party's above-mentioned acts, and protect its property rights and interests to the greatest extent. Second, as long as it is proved that one party has committed the above-mentioned acts, the court may give less or no score to that party.

    Third, after the divorce, if evidence is obtained to prove that the property during the existence of the marital relationship was monopolized by one party by the above-mentioned acts, the other party may file a lawsuit with the court to request that the joint property of the husband and wife be divided again.

    Fourth, the people's courts shall impose sanctions in accordance with the provisions of the Civil Procedure Law, such as fines and detention, for the above-mentioned acts that obstruct civil litigation. where a crime is constituted, criminal responsibility is pursued in accordance with law.

    Third, the custody of the child:

    1. Children under the age of two generally live with their mothers.

    2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

    3. For children over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority if they have any of the following circumstances.

    1) Have undergone sterilization or have lost their fertility due to other reasons;

    2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

    3) There are no other children, and the other party has other children;

    4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

    4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

    5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

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