Marriage Law: Divorce after less than half a year of marriage

Here are some of the materials I have collected from other netizens, I hope it will be helpful to you.

1.If a man or a woman requests a divorce, the relevant departments may mediate 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 with another person who has 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 after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party 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, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Note: Among them, they have been separated for two years due to emotional discord, which only proves that the relationship has indeed broken down, and the mediation is invalid. But you have enough evidence to prove that the two have indeed been separated for two years, and you can file for divorce.

There is no limit to how long you can leave, as long as there are no children, no joint property, it will be very fast, but let's think clearly. Why knot, why leave. Which is more important?

Like you, you are divorced after less than half a year of marriage.

Legal analysis: The Civil Code stipulates that if a husband and wife divorce after less than half a year of marriage, the joint property shall be divided by both parties through negotiation, and if the negotiation fails, they may file a lawsuit with the court.

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 office.

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.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate a divorce lawsuit in 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 files a divorce lawsuit again, the divorce shall be granted.

If you do not have a marriage certificate, even if you live together, it is not valid.

If you get a certificate, even if you have been separated for 20 years, as long as you have not gone through formal divorce procedures, you are still husband and wife.

The so-called separation of two years means that after being separated for more than two years and going to the court for divorce, the divorce will be granted directly without mediation, but it does not mean that the separation for 2 years does not mean that the marriage is invalid without going to the court or divorce by agreement.

After two years of separation, it can be judged as a marriage and automatic divorce.

No, it takes two years.

No, it should be a divorce if they don't get together within half a year from the filing of the lawsuit.

Two years -- I don't know, but it's generally said that we have been separated for two years.

I don't know. Do you want to divorce someone?

This problem cannot be said too absolutely, the breakup is a multifaceted reason, and the bride price is often a fuse, a big collision of the concepts of both parties. Marriage is much more to consider than to be in love, and the first thing to bear the brunt of is materialism. Now the most common situation is that the man is unsuccessful in negotiating with the woman in the face of a bride price that exceeds the estimate after a series of anxious things such as a wedding, a house, and a car, and then the conflict between the two parties intensifies and finally breaks up.

A highly praised case I recently saw in a similar issue.

In a small city, the man's parents are good units, and the woman's appearance is said to be good, it is a rural family, and there is only one brother at home who doesn't need to worry anymore. The two fell in love in college until they got married, the man in the garage wedding was all inclusive, and in the end the woman asked for 300,000 dowry, and the man said that he would express his intentions in 10,000, and then he negotiated, had contradictions, quarrels, and finally parted ways. The hard part of this kind of thing is that you stand on both sides of the legibility:

The man has already prepared so much, and in the end, he just needs to express his heart after marriage; The woman wants to be more hopeful, hoping that the other party will pay more attention to herself, have more face in the village, and her parents can also subsidize the family. In the end, it becomes a dead end. The woman thinks that you refuse to give 300,000 yuan, but you don't pay enough attention to me and I don't love me, and the man feels that his girlfriend has equated himself with 300,000 yuan, and he is more and more disappointed.

In addition, there is another situation, the woman takes care of the wedding, the house, and the car, and asks the man to pay a relatively small bride price of hundreds of thousands or tens of thousands, but the man refuses to pay. I won't talk much about this, it's pretty much the same. The song is that the breakup is not just a bride price, but also the collision of two families and two concepts.

It's a pity to fall in love with each other, but it's a pity that we have gone through so many steps but go wrong at the last step, but we have to admit that some people are suitable for love, some people are suitable for marriage, and what we want is a more comfortable lifestyle. I think that breaking up on the issue of bride price is a good thing, which shows that there are still many conflicts between a series of concepts between the two parties, before marriage is the bride price, after marriage is trivial caused by the earth-shaking situation, and finally it becomes divorce, and the concept instilled by the family from childhood to adulthood is very difficult to change. Looking at it this way, how good it is to stop the loss for both parties in this way.

As for the issue of social orientation, I won't go into details, there are many related ones, and both men and women have unspeakable secrets. I still hope that you can live a happy life with a suitable person and grow old together.

Should I get divorced if I have no relationship? There's no denying that it does take a lot of courage to end a marriage.

The most important legal basis for the divorce in China's marriage law is that the relationship between the two parties has indeed broken down, and the other provisions are actually formalities, if you are sure of this, you can get a divorce! I'm a law major, and I would like to adopt!

To be sure, there is no such rule, and a longer period of separation is only one of the conditions for divorce.

If the relationship between the two people is incompatible, the two people can apply for compulsory divorce if they have been separated for more than half a year, depending on the situation.

It's 1 year, not half a year, but you need to prove that you're separated.

Without this, it is okay to have a year of separation with emotional discord.

No, it is two years of separation, and it is two years that have a legal basis to start counting. The quickest way and love is to sue for divorce!