The husband and wife are divorced, and the son is over the legal age, can he leave it alone?

Parents have a legal obligation to take custody and support of their minor children. Parental divorce does not represent the end of the legal rights and obligations between parents and children.

If the child is an adult who has reached the age of 18 and has a legitimate and stable job to support himself/herself, the parents are not obliged to support the adult child. When the parents divorce, the child is free to choose and organize his or her own life.

If the child is over 18 years old, the child is still in school and has no income, and the parents still need to pay child support on the premise that the parents have the ability to support the child.

Marriage Law: Article 21 Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts:

11. The period of payment of child support allowance is generally until the child reaches the age of 18.

Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income**, and who are able to maintain the general living standard of the locality, may stop paying child support expenses.

12. In any of the following circumstances, adult children who have not yet lived independently, and their parents have the ability to pay, they shall still bear the necessary childcare expenses:

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

If the child is over 18 years old and cannot live on his own.

Parents if they are able to support them.

He should still be raised.

Legal analysis: The Marriage Law does not stipulate the age of the child before the couple can divorce, and there are the following relevant restrictions: Article 34 of the Marriage Law stipulates that the man may not file for divorce during the woman's 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.

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' intention to divorce and their 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 the mediation is ineffective, the divorce should 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.

Article 1085:After divorce, where 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 reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, but the woman may file for divorce.

Child custody: children under the age of two will generally be awarded to the woman; For children over the age of two, priority will be given to the party with better conditions to raise the child; Where disputes arise over the age of 10 over where a minor child lives with his or her father, the child's own opinions shall be considered.

According to Article 36 of the Marriage Law, the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Legal analysis: For the custody of the child, if the two parties can reach an agreement, it will be performed according to the agreement of both parties; If the two parties cannot reach an agreement, the court will generally change the judgment based on the principle of conducive to the child's growth and take into account the circumstances of the two parties: if the child is less than one year old, he will generally live with his mother, and if the mother has one of the following circumstances, he may live with his father:

1) Suffering from incurable infectious diseases or other serious diseases, and the child is not suitable to live with them; (2) The father requires the child to live with him; (3) The child is unable to live with his mother for other reasons.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.