Do I have to leave home after a divorce? Does not leaving home solve the problem?

Updated on society 2024-03-01
8 answers
  1. Anonymous users2024-02-06

    After a divorce, you must leave your home. Only in this way can your marriage problems be completely resolved. And you can also start a new life of your own.

  2. Anonymous users2024-02-05

    Having to leave home, not leaving home doesn't solve the problem. Divorce is for the sake of separation, and if you don't separate, then there is no point in divorce.

  3. Anonymous users2024-02-04

    If you have to leave home after the divorce, if you don't leave the house, you can't solve the problem, the two people are still together, and there are still contradictions.

  4. Anonymous users2024-02-03

    I think that after the divorce, you have to leave home, if you don't leave home, you can't solve the problem, if you don't leave home, it can't reflect that the two people are divorced, and the two people can't calm down and face the problem and solve the problem.

  5. Anonymous users2024-02-02

    1. Is it okay to divorce without leaving home?

    1. You can divorce without leaving home, and continue to live together after divorce, and there is no clear prohibition on skin grinding, but the two parties have no legal husband and wife relationship, so they can only be considered to be cohabiting. Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation.

    2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

    Where one of the spouses requests a divorce, the relevant organizations 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 rough 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.

    2. What procedures are required for divorce.

    The procedures that need to be prepared for divorce are as follows:

    1. To prepare the divorce agreement, both men and women must sign a written divorce agreement, which must include voluntary divorce and child support, property and debt negotiation, etc.;

    2. To accept the application, both the man and the woman prepare the relevant materials to apply for divorce registration at the Civil Affairs Bureau in person;

    3. Cooling-off period: Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the Civil Affairs Bureau.

  6. Anonymous users2024-02-01

    It is right not to leave home after a divorce. After the dissolution of the husband and wife, the two parties should no longer live together, otherwise the marriage relationship will become a cohabitation relationship, which will not only make the original common property not reasonably divided, but also make some large assets purchased during the later living together unclear relationship. Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or the sail traveler may 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;

  7. Anonymous users2024-01-31

    Incorrect, legally speaking, if the divorce has gone through the procedures for changing the property, the husband is the owner of the house, and the woman does not move out, which infringes on the man's property rights, and the man can apply to the court to enforce and restore the man's own use and control of the house. If the parties have already decided on the right to live or use the property at the time of divorce. Then the other party's behavior of not leaving home is obviously Lu Zhong's failure to perform the divorce agreement or court judgment.

    The person concerned who lacks the right to do so may take the form of litigation to resolve the matter. Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings.

    If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

  8. Anonymous users2024-01-30

    Summary. Question 1: Is it legal to divorce without leaving homeA:

    Legal Analysis: Yes. The effective judgment and mediation document of the people's court granting the divorce and the divorce certificate of the marriage registration authority have the same legal effect, and are both legal documents for the dissolution of the relationship between husband and wife, and are binding on both parties.

    The parties should no longer cohabit together. However, there are parties who go through the divorce formalities.

    Question 1: Is it legal to divorce without leaving home Answer: Legal Analysis:

    is legitimate. The effective judgment and mediation document of the people's court granting the divorce and the divorce certificate of the marriage registration authority have the same legal effect, and are both legal documents for the dissolution of the relationship between husband and wife, and are binding on both parties. The two parties should no longer live together.

    However, there are parties who go through the divorce formalities.

    Fellow, I really didn't understand, I can be more specific.

    Question 2: Is it okay to leave the royal marriage without leaving home Answer: At the same time, China's laws also clearly stipulate that if one party is in difficulty during divorce, the other party can be properly taken care of.

    Therefore, the marriage of leaving the file and not leaving home can be established and has a certain legal basis. Legal basis: Article 366 of the Civil Code The owner of the right of residence has the right to occupy and use the residence of another person in accordance with the contract.

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