Urgent need for consultation on divorce legal matters for undocumented marriages!!

If you are not married, you do not need to go through a divorce, and the other party can leave at any time. However, if the child is raised by your cousin, you can ask the man to bear half of the child support.

It's okay, the court will judge the de facto marriage for this phenomenon, and the new marriage law recognizes the de facto marriage, and if the marriage certificate is not obtained in time, the marriage will also be recognized. Your cousin can claim to divide the marital property in order to receive financial compensation. It is recommended that you find a lawyer and review the new matrimonial law, which I believe will help you.

This is an illegal cohabitation and there is no way to divorce from marriage. Since there is no possibility of reconciliation, it is possible to dissolve the cohabitation relationship by agreement on property and child support.

Unlicensed marriage, as long as it is an "undocumented marriage" formed after February 1, 94, is not recognized and protected by law - legally speaking, your cousin and the man do not have a marital relationship, so your so-called "divorce" does not actually have a problem with the formalities, you can move out of the man's house, and you do not need to go through any formalities.

Children born in this case, legally called "illegitimate children", have exactly the same rights as "legitimate children" (children born to a husband and wife during a legal marriage), that is, although both parents are not married, both parents have the right and duty to raise and guardian the child.

In conclusion, your question is as follows:

1. You don't have to go through any divorce procedures, just leave the man.

2. Negotiate with the man, who will "take the child", no matter who takes the child, the other party is obliged to pay reasonable maintenance on a regular basis, and at the same time has the right to visit the child regularly.

You must first apply for a marriage certificate before you can get a divorce.

If you are separated, it will be treated as cohabitation!

1. You can ask for a bride price.

2. Custody may be more difficult.

1. Article 10 of the Judicial Interpretation (2) of the Marriage Law provides that if a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall 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 are not living 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.

However, according to the first paragraph of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts", it is provided:

Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

If the woman can also cite that the man's living environment is not good, he is not able to raise the child, or even if he does, it will have a negative impact on the child's future.

Legal Analysis: A marriage certificate is the most direct proof used to prove the existence of a marriage. If the lawsuit requires a divorce but there is no marriage certificate, as long as there are other materials that can prove the existence of the marriage relationship, it can also be submitted to the court as evidence.

There are two types of dry bodies:

First, if a divorce has never been registered for marriage, a divorce lawsuit can be filed directly if they lived together in the name of husband and wife before February 1, 1994 and are in a de facto marriage; If a person has lived together as husband and wife after February 1, 1994 and meets the substantive requirements for marriage, he or she shall first go to the marriage registration authority to re-register the marriage before filing a divorce lawsuit; If the marriage registration is not completed, the people's court will handle it as the dissolution of the cohabitation relationship.

Second, if you have registered your marriage but lost or damaged your marriage certificate, you can file for divorce: First, you can apply to the marriage registration authority for a replacement of the marriage certificate. Secondly, they can apply to the marriage registration authority for proof of the issuance of marriage registration records.

Thirdly, the marriage registration file can be inspected and copied from the marriage registration file keeping department.

Legal basis: Article 1049 of the former Code of the People's Republic of China for marriage A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.