What aspects need to be paid attention to in handling a divorce?

Before going through the divorce registration procedures, it is best to do the following work: 1Prepare a divorce agreement. Although the Civil Affairs Bureau has a unified format for divorce agreements, its structure is simple and basically has no substantive reference significance for divorced men and women.

Hello, according to your question, this falls under the relevant provisions of the Civil Code.

According to Article 1079 of the Civil Code, if 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.

According to the law, if the parties are unable to reach a divorce agreement, they can sue for divorce. That is, there are two ways to dissolve the marriage relationship, one is to reach a divorce agreement and go to the Civil Affairs Bureau to go through the divorce procedures on your own, and the other is to sue the court for divorce. Based on your question, there are a few things you should pay attention to when suing for divorce:

1. The issue of litigation time: whether the two parties cannot reach a divorce agreement, after all, litigation divorce is a divorce method with a long time period, and it may be difficult to succeed in the first lawsuit, and it is often necessary to face two or three lawsuits, so it is most convenient to reach a divorce agreement. Whether one or both parties have a legally recognized breakdown of relationship, and the law stipulates that if one of the parties has (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) In other circumstances that lead to the breakdown of the relationship between the husband and wife, the court shall grant the divorce.

2. Procedural issues: Whether to grasp the relevant evidence, the judge adjudicates the case based on the evidence to prove the facts of the case, so it is more advantageous to have the evidence materials that are favorable to your side. Pay attention to the relevant time regulations, such as the time to deposit evidence to the judge, the time of **, the time of mediation, the time of appeal, etc.

Before the divorce, the judge will mediate according to the wishes of both parties, and you can also express your wishes during the mediation process, in order to achieve a more convenient result of mediation to conclude the case.

3. The subjective will of the parties: that is, you need to clarify what outcome you want to achieve through litigation? For example, property division issues, child support issues, etc., these more critical issues are also the most likely to cause disputes, you can first understand your wishes, so that you can more directly express your wishes in the litigation and protect your rights and interests.

4. Finally, if you still have other questions, or it is inconvenient to prepare materials, you can hire a professional lawyer to provide you with relevant services.

If it can help you, and like it.

If we can provide more detailed information, we can provide more specific and targeted answers. You are welcome to consult our experts.

If the husband and wife cannot reach an agreement on divorce matters or are willing to divorce but fail to reach an agreement on matters such as child support, property and debt disposal, one or both parties may file a divorce lawsuit with the court. Conditions for Divorce Litigation The premise of divorce prosecution is that both parties must have a marriage certificate or have constituted a de facto marriage.

A de facto marriage refers to a marriage in which a man and a woman have lived together as husband and wife without registering their marriage in accordance with the provisions of the Marriage Law before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and have met the substantive requirements for marriage. Circumstances in which the husband may not be prosecuted:

According to article 34 of the Marriage Law, a man may not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. Inadmissibility by the court:

According to Article 111 of the Civil Procedure Law, if a judgment does not allow divorce and a divorce case settled through mediation, and there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it shall not be accepted. In divorce cases where the plaintiff withdraws the lawsuit or is handled as withdrawn lawsuit, there are no new circumstances or new reasons, and the lawsuit is filed again within six months, mutatis mutandis, is not accepted in accordance with the above provisions. How to go through the divorce prosecution procedures?

When filing a lawsuit for divorce with the court, you can go to the court case filing division to go through the case filing procedures, and at the same time submit a complaint, and the format and template of the divorce complaint can refer to the article "Divorce Complaint Format and Template" on this site. Divorce litigation fees: According to the provisions of the "Measures for Payment of Litigation Fees", starting from April 1, 2007, the case acceptance fee for divorce cases is 50 yuan to 300 yuan per case.

If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment. The burden of litigation costs in divorce cases shall be settled by the parties through negotiation; Where negotiation fails, the people's court shall make a decision. The amount of child support shall be pointed out by the people's court in accordance with the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts" issued by the Supreme People's Court on November 3, 1993

The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual local standard of living, and if there is a fixed income, the child support fee can generally be paid in the proportion of 20 to 30 of the total monthly income, and the amount of child support for two children may be appropriately increased, but the maximum is generally not more than 50 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. Timing of child support payments:

1. Minors, until the children reach adulthood. If the child has reached the age of 16 and is under the age of 18, and the child is the main source of his or her own labor income, he or she can be paid until the age of 16; 2. Those who are in school will be paid until they graduate from high school.

Legal Analysis: Both parties need to agree in advance. When going through a divorce by mutual agreement, both parties must have agreed to break up, and there must be a consensus on the custody of the children, child support, how to divide the joint property, how to repay the joint debts, and so on.

Joint property and debts must be clear. Your joint property and debts, such as cars, houses, loans, etc., must be clearly written down how they are divided and repaid. Of course, it is best to divide the joint property before the divorce by mutual agreement.

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

There are generally the following three points for divorce precautions: 1. It is necessary to see whether the content of the divorce agreement is legal; 2. When divorce by agreement, the parties also need to pay attention to protecting their legitimate rights and interests; 3. If the parties fail to perform in time due to the relevant property, creditor's rights, debts and other issues in the divorce agreement, there is a dispute, or the child support fee is changed. Then the parties must go to court to sue.

[Legal basis].Civil Code of the People's Republic of China Article 1076 [Divorce by Agreement] 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 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.

Hello, can you get a marriage certificate for divorce?