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Recourse to the law. Let's go through the divorce process.
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If the man files for divorce because the woman is unable to have children, the follow-up matters can be arranged through coordination. Because legally, if one party suffers from physical defects or is difficult to **, then after mediation fails, divorce can be sentenced in accordance with the law。However, China's law does not stipulate that children cannot be born, which can be used as a reason for divorce, and can also protect their legitimate rights and interests through appeal.
In a marital relationship, in fact, being able to come together is because of feelings. <>
But in the process of life, friction is inevitable again because of the trivial things in life. And the main problem for a marriage is actually the problem of childbirth, because men basically pay more attention to inheritance. Therefore, it is necessary to have a child in the marriage, so if the woman cannot meet this requirement, she will eventually fall apart.
The main thing is that there are many divorces due to fertility problems, so it can also be seen that modern times are different from ancient times. <>
Disadvantages: In ancient times, if you wanted to rest, you could divorce your wife if you committed the seven rules, but in modern times, it is different. Problems such as fertility disorders should not be brought up at the time of divorce, because then it will not be successful. Through this incident, it can also be seen that for women, they are still in a disadvantageous state in a marriage, because they do not have the right to choose.
And it is also regrettable to be forced to divorce after being unable to have children. <>
Therefore, the current law should also protect the legitimate rights and interests of women, so that they can have a better safety guarantee. And if a man divorces because of fertility problems, it can only be said that such a person does not have much responsibility, so divorce is not a good choice. Perhaps the ultimate relief is to let each other go, but there are many ways to help a woman conceive, and if you want to better secure a relationship, you can also take these methods.
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You should divorce him, such a man has no nostalgia, he just uses women as a reproductive tool.
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Either divorce or artificial.
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Legal analysis: The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court needs to make a judgment. The court decides on the ownership of custody in accordance with the principle of conducive to the growth of the child
The following factors are mainly considered: the education of both spouses, employment, income, age, family environment, age of children, etc. The first step in the court divorce procedure is to file a lawsuit.
The materials required for prosecution include: the indictment and a copy of the indictment, ID card, household registration book, marriage certificate, proof of residence, evidence of the main cause of the breakdown of the relationship, and proof of the basic information and custody status of the children.
Legal basis: Civil Code of the People's Republic of China
Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
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Legal Analysis: If the man is unable to have children, the court will generally support the divorce filed by the woman. Process of suing for divorce:
1. Prepare civil pleadings. 2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence. 3. Attend and participate in the litigation activities on time in accordance with the notice of the people's court.
4. If you are not satisfied with the first-instance judgment or ruling, you should file an appeal with the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 a divorce lawsuit, 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.
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Since the act of childbearing needs to be completed by women, it may cause damage to women's bodies, health, and spirits, and women bear heavier responsibilities, so when dealing with such cases, the court will also focus on protecting the interests of women.
Whether or not there is a divorce or whether compensation can be obtained is not enough to repair the rift in the relationship between the parties. Fertility is a very important issue in marriage, and both parties should understand each other's intentions before marriage and reach an agreement as much as possible to avoid the breakdown of the marriage due to fertility problems after marriage.
Men certainly have the right to reproduce. Recently, the news that the husband held his wife accountable on the grounds that his reproductive rights were violated after the wife terminated her pregnancy has attracted everyone's attention and caused related discussions. ......The question of whether men have the right to procreate, and whether the termination of pregnancy by a wife infringes on the husband's right to procreate, can be analysed from three aspects: whether the wife or the husband has the right to procreate, the wife has the right to terminate the pregnancy, and the husband and wife should reach a consensus on the issue of childbearing.
1. Both wives and husbands have the right to procreate. Therefore, men also have the right to reproduce.
According to the relevant regulations, both wives and husbands have the right to procreate. ......Therefore, men also have the right to reproduce. It should be noted that the reproductive rights enjoyed by men and women are enjoyed separately, that is to say, both husbands and wives have their own reproductive rights, and the reproductive rights of each other do not affect or infringe on each other.
2. The wife has the right to terminate the pregnancy, and this behavior does not infringe on the husband's reproductive rights.
Since both husband and wife have their own reproductive rights, the wife has the right to terminate the pregnancy. Such an act does not infringe on the husband's reproductive rights. ......Moreover, a husband cannot argue that his or her reproductive rights have been violated on the ground that his wife has terminated her pregnancy.
If he thinks so or holds his wife responsible, it is an act of accusing his wife of infringing on her reproductive rights.
3. On the issue of whether to have children, the husband and wife should reach an agreement.
Husband and wife each have their own reproductive rights, but as husband and wife, they must exercise their reproductive rights together, and cannot exercise their reproductive rights separately. Otherwise, the husband and wife will not be able to agree on the issue of procreation, and the result will be irresolvable contradictions. ......Therefore, on the issue of exercising reproductive rights, husband and wife should reach an agreement through consultation, so as to avoid unnecessary contradictions and make family life harmonious, stable, and happy.
Home and everything is prosperous, my end.
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