What are the usual concerns about divorce?

Legal analysis: There are three major types of issues to be considered when divorcing: 1. Property issues, property division involves personal interests and needs to be thought through; 2. Child support, after divorce, still have to bear the obligation of support; 3. On the issue of debt, it is necessary to distinguish between common debts and individual debts.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

1. If you want to dissolve the marriage, what is the opinion of the other party; whether it is possible to negotiate and, if so, what are the conditions proposed by the other party; 2. Regarding child support, do you want children? Do you have the ability to pay child support; What evidence and materials can you get from your child; What about the other party; 3. Regarding the ownership of property, the time division point is to obtain the marriage certificate, which belongs to pre-marital property and which belongs to post-marital property; how to divide the property after marriage; which marital property you must regret and which property can be divided among the other party; what is the opinion of the other party; 4. Whether there are other circumstances that need to be supplemented; Divorce revolves around the dissolution of the marital relationship, child support, and property ownership, with different emphases. There are only two ways to solve marital troubles: divorce by agreement and divorce by litigation.

The divorce cases referred to by our lawyers refer to divorce cases in which the court mediates or adjudicates due to a dispute over child support or property division and cannot be negotiated.

1. What should I do if I have children and want to get a divorce?

If you have children and want to divorce, you can communicate and negotiate with the other party first, and if you can't deal with it through communication, you can divorce by agreement or litigation. There are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by mutual agreement, that is, when the parties to the divorce have reached an agreement on divorce, child support and division of property, both men and women shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce.

Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship through mediation or judgment after trial.

2. What are the consequences of the divorce defendant not appearing in court.

1) Failure to participate in the trial, dividing property and suffering losses.

In divorce cases, if the defendant does not participate in the trial, it is equivalent to losing the right to speak and may suffer a loss in the division of property.

For example, if the husband and wife share a house, the court will usually award that the house belongs to the party present in court, and the party present in court will give the party who does not appear in court corresponding financial compensation. And because the house has room for appreciation, most people want to ask for a house and give compensation to each other.

In addition, the court will usually have an opinion on the plaintiff's side as to what personal and joint property the parties have.

2) Those who are dissatisfied with the division of property cannot file a separate lawsuit.

If the defendant believes that the judgment divides the property in error after the judgment takes effect, he can only file a complaint within the statutory time limit and cannot file a separate lawsuit. If, after the judgment takes effect, the defendant believes that there is still some property that has not been disposed of in the previous lawsuit, he may sue for additional division of this part of the property on the basis of the cause of action of the property dispute after the divorce.

Marriage Registration Ordinance

Article 12: In any of the following circumstances, the marriage registration organs shall not accept the divorce registration of the parties to the divorce registration:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.