A legal issue about parental divorce! Understand, come in

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

    1. The only possible reason to prevent your parents from divorcing is that your mother is pregnant, or has just given birth to a child within a year, but after this period of time, you can still get a divorce. You do not have the right to block the personal rights of your parents from the point of view of public power (marriage or divorce is an inherent personal right of every citizen).

    2, you can remarry after divorce, as long as your parents' relationship is not broken, your parents' problem is not a relationship problem, but a problem with the use of family property, in your and your mother's point of view, your father has an extreme side, but, from the perspective of a friend, your father is very righteous, but if your father's friend is actually unjust, it will be bad...

    3. If divorce can save your family from the disastrous result of bankruptcy and cheating, then you don't have to use private force to stop it, because, your parents' marital relationship has not broken down, and the temporary separation will not really affect the future life.

    4. According to your age, your parents must have been married before November 3, 1993 (when a judicial interpretation was issued), according to the old marriage law before that date, the property is the property of either your father or mother is the joint property of the husband and wife, and if the joint property is not divided, then the property can only be mortgaged with the mutual consent of the husband and wife. So, if your parents divorce and your parents divide the joint property, your father can mortgage the property he has been assigned to.

    5. Therefore, if your parents cannot divorce and no property can be mortgaged, your father is not entitled to dispose of the joint property. If divorce is unavoidable, your mother will have to fight to get the property you are living in as a divided property to avoid eviction.

    But even if your mother divides up another house, your mother certainly has the right to evict your father's friends who live in that house and live in that house herself. It's a little more troublesome to relocate.

    6. If your father's friend is really righteous, you and your mother can consult your father's friend privately... If your father's friend is immoral and unrighteous, then don't be polite to him and give an eviction order...

    7. Since your parents' relationship has not broken down and your mother opposes divorce, the court will generally not grant a divorce the first time, but if your father insists on divorce, then your father can only file for divorce for the second time six months after the first court decision not to allow divorce. Combined with the litigation time of the two lawsuits, it will take at least seven or eight months to get a real divorce, which means that your father will not be able to dispose of the property he has divided until seven or eight months at the earliest. Therefore, what you have to do is to use your own force to delay the divorce process, so that your father cannot dispose of the family's property in a short time.

  2. Anonymous users2024-02-05

    I've been through this kind of thing too. Refers to friends and quarrels at home.

    The most direct thing is to get rid of your dad's so-called friend and let him know that you don't welcome him.

    But you probably won't be able to say anything about your parents' divorce in court.

    But you can show yourself at home when they're there.

    What bullshit friend that.

    As long as this thing is over, they should be fine.

  3. Anonymous users2024-02-04

    You go to that friend.

    He's a friend and won't embarrass you.

    If he doesn't pay it back, he will go to court and sue him.

    The matter is settled.

    Your parents won't get divorced.

  4. Anonymous users2024-02-03

    The remarriage and divorce of the parents do not have the right to interfere, but they can provide advice on the emotional side. It's up to you and your sister to do it.

  5. Anonymous users2024-02-02

    According to what you said, the court will generally not easily rule that your parents are divorced, because just because the family dispute you said about the loan is not enough to show that your parents' relationship has completely broken down, so you as children should not worry too much. In addition, I think that as children, you should also reconcile with your parents, after all, your parents love you, and as a family, what can't be solved, it's just an impulse.

  6. Anonymous users2024-02-01

    It doesn't make sense for you to disagree.

    You only have the right to choose which side to follow.

    All you can do now is help your parents to play a mediating role in the middle.

  7. Anonymous users2024-01-31

    Legal analysis: 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.

    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 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.

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

  8. Anonymous users2024-01-30

    If one day both parents can't be with each other, and when one home becomes two, I don't want either of them to become lonely and unhappy. While parents become the parents of my big tenants, they are still themselves, and they have the right to choose happiness, but most parents always put their children's thoughts first, and I don't want to be their bondage.

    Even if I think about it like this, it is still difficult for me to accept the person who has taken the place of my parents. But if I let them die alone because of my selfishness, it is better to do my own psychological construction, accept and support it calmly, so that my parents can be happier for the rest of their lives.

    I fully support the remarriage of my elderly parents, as long as they are willing, and I have no reason to stop them. When they can't go home to visit the elderly when they are busy, the elderly still have a companion, and when the elderly encounter any difficulties in their lives, they can still rely on and help each other, and they don't have to worry about the elderly falling ill at home all the time and no one will tell them. It's really nice to have a wife.

    For the remarriage of parents, if it does not involve too much economic interest, as a child in principle, there is no objection, as long as they find a new other half, suitable for themselves, after all, everyone knows Sun Zhao, the love that children give to their parents and the love given by their spouses cannot be equated.

    Therefore, when parents remarry, it is better to find a better half who is similar to their original living environment; If the economic disparity is relatively large, it is best to negotiate and communicate with the children of both parties before remarriage, so as to avoid all kinds of conflicts in the future, so that both families are unhappy, so it is better not to marry again, don't you say?

  9. Anonymous users2024-01-29

    Parents have an obligation to raise and educate their children, which is not interrupted by the existence or dissolution of the marriage, and when the parents fail to fulfill their obligation to support them, minor children or children who cannot live independently have the right to demand maintenance. Where, during the existence of the marital relationship, both parents or one of the parents refuse to perform their obligation to raise the child, and the minor child or the child who cannot live independently requests the payment of child support, the people's court shall support it. Legal basis:

    Article 1085 of the Civil Code of the People's Republic of China Where after divorce, the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

  10. Anonymous users2024-01-28

    As an ordinary person, I think I can accept my parents' divorce and remarriage. Family is one of the important environments for a person's growth, and if the relationship between parents is already discordant, the family atmosphere will also be affected, and may even have a negative impact on the child's growth.

    If the divorce of my parents can improve the situation and bring harmony back to the family, I will support their decision. Of course, family changes also have a certain impact on children, and it takes time for parents to adapt and accept when they remarry.

    But I believe that the happiness of parents is also the happiness of the family, and in the end this change will make everyone happier and happier. I am a child, and I can accept my parents divorce or remarry. For me, I would agree to my parents divorce and remarry.

    The reason why I have this idea is, on the one hand, because the parents are the parties in this marriage, so the decision is up to the parents, not the children. On the other hand, it is because if you meet the right person after your parents divorce.

    Then remarriage also means that they can find their happiness again. Parents are the parties in this marriage. Theoretically speaking, remarriage after the divorce of the parents only requires the consent of the parents themselves, and it does not have much to do with the children.

    This is because both parents are adults and they have the ability to be independent.

    He also has the right to decide on his own marriage. Therefore, whether they are divorced or remarried, the school is actually the result of their consideration, although the children can make some suggestions to their parents from their own point of view in the process, or express their own opinions, but the parents' wishes are the most important.

    In such a situation, if the parents insist on remarrying, the child cannot change the outcome. And in my opinion, it would be better to try to accept the decision of parents to remarry than to have a fight with them over the issue of their parents' remarriage. Remarriage also means that parents can find their happiness again.

    From my personal point of view, it is good for parents to be able to remarry after their divorce. This is because parents can once again find their own happiness and relive the happiness that marriage brings to them.

    Therefore, children should not be prevented from remarrying if there is no particular reason for them. What's more, it is not easy to reap happiness again after the divorce of their parents, and it takes a lot of courage for Sakurakami to make this decision. Therefore, as a child, we should be happy for them, and should not be an obstacle to the happiness of our parents.

    Therefore, I think that when faced with the problem of parents remarrying, children should bless their parents and agree to this marriage.

    Not to oppose this marriage. In short, I will agree to my parents remarrying after divorce, support the state to celebrate their search for their own happiness, and hope that they can find a suitable partner for themselves.

  11. Anonymous users2024-01-27

    For me personally, I can accept the problem of my parents' marital status. After all, the emotional aspect cannot be forced, and for parents, they also make deliberate decisions, so I will respect their approach.

    1. Learn to respect your parents' decisions.

    When parents choose to divorce, they must have thought it through and thought that it would be good for both parties to make up their minds to end the relationship. So, you have to accept this fact that you can't change, and try to ease your emotions as much as possible. You have to understand that if two people in a family no longer love each other and still live together under the same roof, that atmosphere may not be a good thing for you, not only will you not feel the warmth of the family, but you will also be depressed and miserable because of the endless quarrels between your parents, or the indifference of ignoring each other.

    And this kind of physical and mental torment, for parents, is often better than a short pain. Since they have chosen to divorce, then you have to be considerate of them, maybe after separation, they will be fine, and their lives will be happy and beautiful. As for you to come here to rent a place, after all, the time to accompany them is limited, rather than seeing them make do with their miserable lives, it is better to let them seek a better home for themselves.

    2. Care more about your parents.

    When your parents divorce and suddenly there is one less person in your family of three, you will naturally lack a sense of security in your heart, and feel that your home is incomplete and different from other families with parents. In fact, for divorced parents, they will face various problems after breaking up, and the habits they have cultivated will also be broken, so both parties need to have a process of adaptation. And when they face you, they will definitely blame themselves and be ashamed.

    If you don't adjust well, react violently, and get mixed with the contradictions and disturbances of your parents, it is no less than sprinkling a few handfuls of salt on their injured hearts. In this way, the process of calming their emotions will be more difficult. So, learn to be considerate of them, and tell yourself that the result is best for them, and you will try to adapt to it.

    And life will get better and better.

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