I want to get a divorce, but my family doesn t agree, what should I do?

State the grounds for divorce. Under the provisions of the Marriage Act, interference with the freedom of marriage is prohibited. Where a man and a woman request a divorce, they may negotiate and reach an agreement on property and child support, and where both men and women voluntarily divorce, the divorce shall be granted.

Both parties must apply for divorce at the marriage registration office. Divorce proceedings may also be filed by the relevant departments through mediation or directly with the people's courts. When hearing a divorce case, the people's court shall first conduct mediation, and if the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

If the family does not agree to the divorce, there may be something wrong with them, and they are no longer able to live together, they can get a divorce.

Let the family know their true feelings in their hearts, resolutely show their determination to divorce, try to let their parents intervene or be involved as little as possible, and try to show strength and calmness in front of their parents.

Fees: If the matter is more complicated, because the divorce lawsuit involves property and children, and the professional requirements are very high, it is best for you to find a professional lawyer to help you protect your legitimate rights and interests.

1. Whether you can win the lawsuit depends on whether your request has a factual and legal basis.

2. The lawyer's fee varies according to the case, and the cost depends on the fee standard of the first and second instance agreed between you and the lawyer. At the same time, fees are charged in accordance with the lawyer's fee method of the Department of Justice.

Generally speaking, the lawyer's fee for the first instance of a case that does not involve property is about 3,000 yuan. If there is a property dispute, depending on the circumstances of the case, a certain percentage of the lawyer's fee may be paid according to the number of property, and the final lawyer's fee can be determined with the lawyer.

Criteria for the Court to Receive Divorce Cases:

If there is no property dispute, the court will charge about 300 court fees.

If there is property, the part of the property exceeding 200,000 yuan will be charged.

Litigation costs may be paid by the losing party or ultimately agreed upon by the parties.

Divorce: Specifically, you can refer to the following legal opinions: 1. There are two methods of divorce: negotiation and litigation, if it is a divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department of the place of household registration of either party to go through the divorce formalities and obtain the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties;

If the negotiation fails, you can only sue. The lawsuit must be filed in the court where the defendant is registered or where the defendant has resided for more than one year.

In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the child's growth, the court will comprehensively consider the child's current living status, the working income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents.

Children under the age of 2 are generally given to the mother, and children over the age of 10 are given the opinion of the child. If there are two children, one child is raised by one person as a general rule.

The parent who does not have a child should pay child support, which is generally 20-30% of the income of the parent who is not raising the child. Child support includes living expenses, education expenses, medical expenses, etc. The specific maintenance fee is determined based on the local standard of living and the actual living expenses of the child.

5. The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party.

6.According to the law, when there is domestic violence, when the injured party divorces, he can request compensation from the domestic violence party, including compensation for material and moral damages, and take appropriate care of the injured party in the division of property!

According to the laws of our country, whether it is marriage or divorce, it is free within the law. Therefore, it is not necessary for the husband and wife to obtain the consent of the parents in order to divorce, but the opinions of the parents may have a certain influence on both parties. Even if the parents of both parties do not agree to the divorce, but the parents of the parties have agreed on the conditions for divorce, then the divorce procedures can be completed in accordance with the law, and then the marriage relationship can be dissolved.

In addition, before the divorce, the husband and wife must think carefully, think about the children, and do not recommend divorce until the last resort.

Legal basis: "Civil Code of the People's Republic of China" Article 1079 [Divorce by Litigation] Where one of the husband and wife requests a divorce, the relevant organization 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 shall be granted.

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

1) bigamy or cohabitation with another person;

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

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

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

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal Analysis:1Discuss with your family. Xingling.

2.Divorce by litigation.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Article 1077 Within 30 days from the date on which the marriage registration authority receives the application for registration of the divorce group, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a certificate of separation or marriage;If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.