I have a five year old son, what do I need to pay attention to when I need to get a divorce?

Yes; If not to the point where you have to get divorced, it will have an impact on the psychological side of the child

Don't think about children for anything else

Something to look out for:

1. The main issues involved in divorce.

The first is whether the relationship between husband and wife is broken and whether there is a possibility of reconciliation. According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant departments may mediate 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 of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (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. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

The second is the treatment of joint property and joint debts of the husband and wife. According to Article 39 of the Marriage Law, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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

Thirdly, there is the issue of the upbringing and education of children, according to the provisions of the Marriage Law: the relationship between parents and children is not extinguished by the divorce of 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.

After the 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 child's maintenance and education shall not prevent the child from making a reasonable demand, if necessary, to either parent in excess of the amount originally agreed upon in the agreement or judgment. After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

It's best not to divorce unless you have to!

Legal friends also analyzed: It is possible for the child to be divorced at the age of five and the custody is awarded to the father or mother. When hearing divorce cases, people's courts shall properly resolve the issue of child support in accordance with the relevant provisions of the Marriage Law and its judicial interpretations, proceeding from the interests of the children's physical and mental health, protecting the lawful rights and interests of the children, and taking into account the specific circumstances such as the parents' ability to raise and the conditions for raising them.

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.

After a people's court has ruled that a divorce is not permitted, and the parties have lived separately for one year, and one party has filed a divorce lawsuit again, the divorce shall be granted.

When telling your child, if the child is very young, you can downplay the divorce, you can avoid using the word "divorce" and just say that "Mom and Dad live separately because of their own problems, but they still love you, care about you, and make you happy as before".

Be careful not to let your child misunderstand that his parents' divorce was caused by his disobedience.

Also, after the divorce, you must not complain about each other in front of your children, let alone say bad things about each other, but say good things about each other.

One last point: children who live with one of their parents must arrange as much time as possible to contact the other parent in the early stage of divorce, so that the child can feel that after the divorce of his parents, he has not received the slightest reduction in love.

It is recommended not to tell the child first, after all, he is still young, one does not understand, and the other may cause some damage to his soul, give himself a little time, tell his parents to separate for a period of time, and then try to instill in him that Dad is not very good to your mother and son, and it may be more conducive to the growth of the child.

Just tell him that his father or mother has something to separate, and he may not be able to come home for a long time, so he can only come back to see him occasionally and ask him to be obedient or something.

"Son, we love you so much. du is very fond of you. In the hearts of mom and dad, zhi you dao

It is the dearest baby. We all hope that you will be happy, blessed and grow up healthy. However, Mom and Dad are stupid and not as smart as Baby.

Our own problems are always not handled well. I'm sorry to make my baby sad. It's all Mom and Dad's fault.

However, we have not been able to find a solution to the problem. So, now it can only be separated. But, you can rest assured.

Even though we are separated and don't live together, we will still meet. They will also go out to play, they will buy you toys, take you to amusement parks, take you to McDonald's. We love you all too much.

As long as you're happy, we'll be happy.

Which is the child awarded to? If the award is given to the mother, tell the child that the father will go on a business trip far away and will not live at home every day in the future, but he will take time to come and see you and accompany you when he comes back from a business trip. The rest is up to the two of you to work together.

The child is still young, so he doesn't need to explain it so clearly. Let's just say that the other party is going to move out for a while and get used to it slowly.

It is possible for a child to be divorced at the age of five, and custody can be awarded to either the father or the mother. When a people's court hears a divorce case, the issue of child support is generally given to the party who is most conducive to their growth. According to the relevant laws and regulations, if a husband and wife divorce and a child who has reached the age of two years and the parents fail to reach an agreement on the issue of custody, the people's court shall 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.

Article 1084 of the Civil Code of the People's Republic of China stipulates that the relationship between parents and children shall not be extinguished by the divorce of 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 their children, educate and protect them.

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.

How to pay child support after divorce:

conditions, it can be paid in a lump sum; If the conditions are not met for the time being, it may be paid on a monthly or regular basis, or on a quarterly or annual basis.

If there is a consensus that one party can bear all the child support, if one party's ability to support the child is obviously unable to cover the child's expenses and affect the child's healthy growth, it is not. Even if the above-mentioned child support agreement is reached, if after a period of time, the economic situation of both parties does change, and the children's living expenses and education expenses are indeed increased or paid, one party can still sue the court to require the other party to bear the child support.

The period of payment of maintenance shall generally end until the child reaches the age of 18; Parents who are over 16 years old but under 18 years old and whose main livelihood is their labor income and can maintain the general living standard of the local area can stop paying child support; After the child reaches adulthood, if the adult child who has not yet lived independently has difficulties in living, and the parents have the ability to pay, they shall still bear the necessary child support.