Counseling on divorce issues and asking a professional for advice!!

Updated on society 2024-02-26
14 answers
  1. Anonymous users2024-02-06

    You should be cautious about this divorce, I don't mean to tell you not to divorce, but to pay attention to it, he will pass on the debt to your head, don't have no money after the divorce, and half of the debt.

    It's best to go to a lawyer to talk about your current situation and see what you can do to minimize your losses. We can only give you advice, and it will be more useful to find a lawyer.

    It doesn't cost you money to go to the consultation, and you'd better go to a lawyer early.

  2. Anonymous users2024-02-05

    Article 4 of the Marriage Law stipulates that: "Husband and wife shall be faithful to each other and respect each other; Family members should respect the old and love the young, help each other, and maintain equal, harmonious and civilized marriage and family relations", if you are telling the truth, I think she is likely to cohabit with that man, and the woman living with another man without divorcing you is completely contrary to your marriage and family, and is an act of disloyalty and disrespect to your family. You should follow Article 40 of the Marriage Law, which stipulates that "if the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she shall have the right to claim compensation from the other party at the time of divorce, and the other party shall compensate for it" and Article 46 of the Marriage Law, which stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have the right to claim damages:

    1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abuse or abandonment of family members" is the legal basis, do not divide the property to you, and negotiate with him to demand that you pay a certain amount of damages (called moral injury solace, if he is rich, he can ask for more, if he is poor, at least 40,000 yuan, this is my example, you can ask for a full price).

    If the above agreement cannot be negotiated, just wait for the court to see you, and the court will make a judgment in accordance with the law. The woman is required to bear all the legal costs and other losses caused to you.

  3. Anonymous users2024-02-04

    If the man does not agree to the divorce in the first instance, then he must wait for another half a year to sue again, and the second instance will definitely grant a divorce.

    Otherwise, you need to live separately for more than 2 years and then sue again, so you will directly defect.

  4. Anonymous users2024-02-03

    You should be a woman, you deserve it, why don't you choose it in advance, girls who don't have brains should get such an end.

    If you're a man, you might be the mens' side.It's okay, relax and take it easy. If you don't agree to divorce, you will leave when she has nothing to consume.

    Then find another one, next time find one you like, one that can give her happiness, don't look for this again.

  5. Anonymous users2024-02-02

    1. If the house or company is in the name of his parents: it is the property of his parents, and you really have no right to ask for division in the event of divorce.

    2. But it's not "if I get divorced, I won't get anything": you have the right to ask for half of the property you both earn and get after you get married.

    3. "And I want to get custody of my son (5 years old), what should I do with child support":

    1) If you want to get custody, you should have the conditions to raise the child better than him, such as: the child has been with you and your family for a long time and has a better relationship with you, your income is higher than his, and the educational conditions for the child are better (living in the urban area, close to the school, you and your family have a higher level of education, etc.), if you can prove these: you can get custody.

    2) Alimony: If you raise the child directly: he will pay child support, which is generally 20% to 30% of his income

  6. Anonymous users2024-02-01

    It can be resolved through the lawyer channel.

  7. Anonymous users2024-01-31

    If it's all in the name of his parents, you really won't get anything, you can only get a share of your existing joint property.

  8. Anonymous users2024-01-30

    If the other party does not agree to the divorce for the first time, the court will generally decide that the divorce will not be divorced, and it will take 6 months before the divorce can be filed again.

    After two years of separation, the court may consider that the relationship between the husband and wife has broken down and may grant a divorce. You will need to submit evidence of two years of separation.

    If there is evidence that the relationship has broken down, the court will grant a divorce.

    On the issue of divorce, if the two parties have successfully negotiated and reached an agreement on divorce, property division, debt assumption, child support, etc., both parties can go to the civil affairs bureau where one party's household registration is located to register for divorce. If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation. You should provide relevant evidence to prove that the relationship between the parties has broken down and the case has been filed.

    Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation of a person with a spouse;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Those who have bad habits such as gambling and drug abuse that they do not change;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    You don't have to wait 6 months for a divorce to be granted. If your relationship does break down, the court will give a verdict, and she will not agree to the divorce.

    The key is to be able to prove that the relationship has broken down.

  9. Anonymous users2024-01-29

    1) Without a marriage certificate, you have been together for more than 20 years, and your marriage is a de facto marriage.

    2) A de facto marriage is a legal marriage, and the divorce procedures must and can only be handled by the people's court. You can negotiate with the husband on the one hand, and after the negotiation is established, you can go to the court to file a lawsuit together; On the other hand, if the negotiation fails, you need to go to the local neighborhood committee to issue a certificate that you have lived together for so many years (this certificate is easy to obtain), and go to the court to sue for divorce with this certificate, ID card, and household registration.

    3) There is another way, but the premise is that you need to reach a negotiation with the man, you can go to the Civil Affairs Bureau to reapply for a marriage certificate first, and then go to the Civil Affairs Bureau to go through the divorce procedures the next day. This method is mainly aimed at some people who are embarrassed to go to court.

    4) It is not recommended to sue the man for bigamy, after all, he is also the father of the child after decades of marriage, and suing him for prison is a subordinate move emotionally and the child's work.

  10. Anonymous users2024-01-28

    If both parties agree to divorce, they can go to the civil affairs department with relevant documents to handle it, and if the other party does not cooperate and there is no marriage certificate, it is best to entrust a lawyer to litigate. After all, this is a very professional issue, and there are some things that ordinary people can't do, such as obtaining documents recognized by the court such as the de facto marriage certificate.

    I guess you want to ask the other party for compensation now, and it's worth hiring a lawyer.

    Good luck!

  11. Anonymous users2024-01-27

    1. Those who have not gone through marriage registration and are unable to provide a marriage certificate.

    Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 4, 1994, the cohabitation was treated as a de facto marriage, and the divorce could be filed in the people's court.

    The time of cohabitation was after the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 4, 1994, and this situation is not a de facto marriage, it is an illegal cohabitation, and there is no question of divorce. If the parties wish, they can also go to the marriage registration office to make up the marriage registration.

    2. The marriage has been registered, but the marriage certificate is lost. In this case, both parties may apply to the original marriage registration authority or the marriage registration authority at the place where one of the parties has permanent residence with their household registration booklet and ID card. If the marriage registration authority verifies the marriage registration file and confirms that it is true, it shall reissue the marriage certificate.

    After receiving the marriage certificate, if both parties reach an agreement on all matters related to divorce, they can go to the original marriage registration authority or the marriage registration office where one of the parties has a permanent residence to register the divorce.

    If the other party does not cooperate to reissue the marriage certificate, he can go to the original marriage registration authority with his household registration book and ID card to request a certificate of marital relationship, and the civil affairs bureau can check the marriage registration file, make a copy of it and seal it with the civil affairs bureau, and then go to the people's court to file for divorce.

    3. If the marriage has been completed for many years, the registration materials at that time cannot be found, and the marriage registration authority does not issue a certificate, in this case, the only way to file for divorce is to file for divorce. When filing a case, you may provide supporting materials issued by the unit or police station.

    4. If the other party hides the marriage certificate, he or she may go to the original marriage registration authority with his or her household registration book and ID card to request a certificate of marriage relationship.

  12. Anonymous users2024-01-26

    Although you do not have a marriage certificate, but the de facto marriage exists, and the man has a family outside, it is bigamy, which is illegal. You can negotiate a divorce with the man. If he doesn't agree, go to court and sue him.

    It would be better to have evidence that he has a family outside. Then his bigamy is established, so the court will directly rule that you are divorced. And most of the property is yours.

  13. Anonymous users2024-01-25

    You are in a de facto marriage. Divorce may be filed by litigation, and the court accepting the case shall be the court where the defendant is located (place of household registration or residence).

  14. Anonymous users2024-01-24

    The children are all adults, what are you going to do, most of your life has gone. If you really want to score: It's really hard for you to do this kind of thing, you should be a de facto marriage, you should ask a lawyer.

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