If the man files for divorce, what rights should the woman fight for?

As for the division of property, there are basically two aspects: first, if the husband and wife have an agreement on the property, it shall be handled in accordance with the agreement; Second, in the absence of an agreement, the premarital property shall belong to the person, and the other joint property of the husband and wife shall generally be divided equally. The issue of child support, because the child is still a person with no capacity for civil conduct, should be considered in the most beneficial aspect of the child's upbringing and education. After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses.

If the negotiation fails, the amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual living standard of the locality, and if there is a fixed income, the amount of child support may generally be paid in proportion to 20 to 30 of the total monthly income. If there is no fixed income, it can be calculated according to the total income of the current year or the average income of the same industry according to the previous ratio. Maintenance is generally paid until the child reaches the age of 18.

2. Right of appeal. In cases of dissatisfaction with the first-instance judgment, an appeal may be submitted to the people's court at the level above within 15 days of receiving the judgment.

3. The right to enforce. Where a party refuses to perform on an effective civil judgment, it may apply to the people's court for compulsory enforcement.

The woman may request the court to divide the joint property of the husband and wife during the marriage, including: the division of real estate, the division of family savings, etc.; If the child is in the custody of the man, the woman may request visitation rights. On the contrary, the woman can claim custody of the child, and the man can pay child support, etc.

Whether the man's filing for divorce will not be beneficial to the woman, and whether it is unfavorable depends on the specific conditions for suing for divorce and whether the man has relevant evidence.

If the man has various evidence to prove that the relationship between the two parties has completely broken down, and the divorce should be decided according to the law, the court will grant a divorce in accordance with the law. The joint property of the parties is divided equally.

If the husband does not meet the conditions to sue for divorce, the court will not grant a divorce.

1. What are the rules for divorce by litigation?

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 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 the 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.

After the man sues for divorce, the woman loses the right to take the initiative, but it does not mean that it is unfavorable to the woman, and the woman can also hire a lawyer to fight the lawsuit for herself.

If the man has all kinds of evidence to prove that the relationship between the two parties has completely broken down, and the divorce should be decided according to the law, the court will grant the divorce in accordance with the law. The joint property of the parties is divided equally.

If the husband does not meet the conditions to sue for divorce, the court will not grant a divorce.

1. Divorce by agreement: It means that both husband and wife agree to divorce, and reach an agreement on issues such as child support and property division, and jointly go to the marriage registration authority to register the divorce and obtain the divorce certificate, and the two parties dissolve the relationship between husband and wife from the date of receiving the divorce certificate.

2. Sue for divorce: It means that if one of the husband and wife does not agree to divorce, or cannot reach an agreement on issues such as child support and property division, one party can sue the court, and the court will judge the divorce, issue a judgment or mediation document, and the two parties will dissolve the husband and wife relationship from the date when the judgment takes effect or the mediation document is served.

In the above two ways, the relationship between husband and wife can be dissolved independently, and after the divorce by agreement, there is no need to go to the court to obtain the judgment or mediation letter; Similarly, after receiving the judgment or mediation document from the court, there is no need to go to the marriage registration office to obtain the divorce certificate, in other words, the divorce certificate or the judgment or mediation document has the same legal effect.

Legal analysis: what can the husband ask for divorce and the woman can ask, the man files for divorce, and the woman can request the division of the joint property of the husband and wife during the marriage; Those who have difficulties in life may appropriately demand more points, or those who have paid more obligations may request compensation, and those who have major faults may claim damages.

Legal basis: Article 1088 of the Civil Code of the People's Republic of China: Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

What can the husband ask for a divorce and the woman can ask, the man may file for divorce, and the woman can request the division of the joint property of the husband and wife during the marriage; Those who have difficulties in life may appropriately demand more points, or those who have paid more obligations may request compensation, and those who have major faults may claim damages. "Civil Code of the People's Republic of China" Article 1088 Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.