Is it passive? 10

If there are no of the following circumstances, there is no need to return the bride price, and if the negotiation fails, go to the court to sue for divorce, and claim the division of joint property and real estate.

Legal basis: Marriage Law of the People's Republic of China

Article 39.

In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 10: Where parties request the return of bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Payments made before marriage that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. Article 20.

If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Of course, it is not the disadvantage of whoever proposes it first, the law is based on evidence, and it will certainly be beneficial to you if you have evidence.

Legal analysis: There is no difference between active divorce and passive divorce, the result is nothing more than two situations, divorce or no divorce, if the other party cooperates, you can go to the Civil Affairs Bureau to register the divorce by agreement, and if you do not cooperate, you need to go to the people's court with jurisdiction to file for divorce.

Legal basis: Article 1070 of the Civil Code of the People's Republic of China Where one of the spouses requests a divorce, the Youhuai Shenguan 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.

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 gambling, drug abuse, or other vices that have been repeatedly taught; (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. 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 the divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

The person who files for divorce first is the first to break this situation, the first to have the right to choose, the one who is dominant; Passive divorce is like the passivity of passive divorce, everything is in a passive state, you can't make your own decisions, you are in a weak position, and you don't have the opportunity to say "no".

In fact, I think that the person who chooses to divorce, the person who chooses to end this marriage is probably the person who does not love so much, or the person who loses the relationship first, the person who despairs first, may not be so hurt in the relationship, not so painful, but compared to the person who is passively divorced, everything is passive, you bring it up, when you bring it up is all up to you, I don't know, when I know it seems that I can only accept, I am so humble, So worthless on the emotional side, I can't even say how to keep it, because I'm weak, and I'm the most hurt in this relationship. When my parents divorced before, my dad was the one who took the initiative to file for divorce, and my mom was the one who passively divorced, do you know how heartbreaking my mom was, can you see that a middle-aged woman suddenly has nothing to do with that feeling of despair, and the feelings she originally regarded as life collapsed in an instant. I was sentenced to my mother, I lived with my mother, and every day I saw my mother crying in the living room, with piles of napkins on the table, and every time that scene always made me feel distressed.

But the one who hurt the most in this relationship was really my mother, the one who passively divorced.

Fan Xiangyan once said in "Wonderful Sayings" that she was the one who passively broke up, she didn't think about pouring red wine on him, she didn't think about scolding him, crying so much that her makeup was spent, ugly to death, she didn't even know that the two people walking on the beach at that time His silence turned out to be to break up with her, she didn't know how long he wanted to break up with her in his mind, if Fan Xiangyan also knew, then that day she said that she would spend a beautiful look, dress beautifully, and would not scold, smiling and separating from each other, at least the last picture left in each other's minds is beautiful, and there are not so many regrets in recall. But she is the passive person, and she can't make any decisions.

One person has already understood, and there is another who either does not understand or pretends to be confused. Unless it is well disguised, there should be many steps ahead of the divorce.

If two people are not in the same step, it is really painful to be together, they can't understand each other, they can't understand, they can't understand, and they complain for a long time, either they look like each other, they have different dreams in the same bed, or they go their separate ways.

Sometimes, there is no need for external force, long-term ineffective communication between each other, and then silence, is the fatal wound of marriage.

But since you have decided to divorce, it's good to leave, why care about who has more and who has less! Is there a difference between eating cucumbers one day and eggplant tomorrow and eating eggplant today and eating cucumbers tomorrow. It's all pain, and there's no difference.

There is no such statement, the rights of both parties in a divorce are the same, not because of who first proposes active or passive.

There is no legal basis for the popular saying that "whoever files for divorce first will suffer" or "whoever files for divorce first will take advantage".

According to the law, either spouse has the right to file for divorce if the relationship between the spouses has indeed broken down and it is no longer possible to continue living together. In the event of a divorce, the joint property of the spouses is disposed of by agreement between the spouses. If the agreement is not reached, it can be sued by the court for a judgment.

It can be seen that the court's handling of divorce cases is based on whether the relationship has broken down, not that if you file for divorce, if the court satisfies your claim, you should make concessions on property, that is, award you less property, which is a wrong understanding.