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That's right. If you have the conditions, you can give the woman more compensation, after all, you have loved each other, and she has not been sorry for you, and you have not been sorry for her Just because of the relationship is incompatible Since you are married, many things are your common property, do you understand? But I hope you think about it carefully, after all, marriage is not so easy to start and it is not so easy to end, I hope you are happy!
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Without love, there is no point even in being together. As a man, you should choose to respect you. If you refuse to divorce, you will separate, and you can unilaterally apply for divorce when the time comes.
If you are angry for a while, you can discuss a divorce, and after a while, you may be reunited.
If you have been married for less than a year, you can't get any property, as if you can get household appliances and other daily necessities. In the case of property, you will not be entitled to it until 8 years after marriage. Unless there is a contract.
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It is recommended to take a look at the marriage law, and your doubts can be solved.
But I still have to advise you, life still needs to be seasoned by yourself, don't give up easily.
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Legal analysis: If the two parties cannot reach an agreement to divorce at the marriage registration authority after less than one year of marriage, the woman can sue for divorce. However, the woman needs to prove that the relationship between the spouses has indeed broken down, otherwise the court may grant a 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' 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.
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In the process of divorce, if compensation is involved, one party must be at fault for the divorce, and the party who is not at fault must claim damages for divorce. The woman's filing for divorce is within the scope of her free choice, not her fault. Then there is no compensation.
1. How to judge the fault of both parties in a divorce case.
In divorce cases, both parties are at fault, and as long as it can be proved that the relationship between the husband and wife has broken down, the husband and wife will be divorced. If one party is at fault, the innocent party has the right to claim compensation for damages, and if both parties are legally at fault, neither party or both parties will support it. The party at fault is the plaintiff and files a divorce lawsuit with the court, and the party who is not at fault is the defendant, and the defendant does not agree to the divorce and does not file a claim for divorce compensation, and can file a separate divorce claim for damages within one year after the divorce.
2. How to divide the property of a divorce due to domestic violence.
If the wife is slightly injured by her husband's domestic violence, the divorced property shall be divided by agreement between the two parties, and if the agreement is not reached, the court shall 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. Because domestic violence is a wrongful act, the court will take care of the innocent party and let him share more of the joint property, and if the innocent party files for divorce damages at the time of divorce, the court will also support the innocent party's claim.
3. How to file for divorce compensation if the innocent party is not at fault.
The innocent party should file for divorce compensation at the same time as the divorce proceedings. The law stipulates that if one of the spouses commits acts such as bigamy, cohabitation with others, or domestic violence, the innocent party has the right to claim divorce damages from the at-fault party at the time of divorce, but if the innocent party separately submits a request for divorce damages during the existence of the marital relationship or after the divorce by litigation, the people's court will not accept it.
Article 1091 of the Civil Code provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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Legal analysis: In the process of divorce, if the two parties are involved in compensation, there must be one party who is at fault for the divorce, and the party who is not at fault claims for divorce damages. The woman's filing for divorce is within the scope of the sedan chair's free choice, not her fault.
Then there is no compensation.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Burning, abusing, or abandoning family members;
5) There are other major faults.
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If the woman files for divorce, she does not need to compensate the man, unless there are circumstances where the law provides for compensation. The law stipulates that if one party commits bigamy, cohabitation with another person, commits domestic violence, abuses, abandons family members, etc., resulting in a divorce between the two parties, the party who is not at fault has the right to claim damages, and the party at fault may divide the property with less or no share.
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I think it is unnecessary for the woman to compensate the man for divorce after less than a year of marriage, after all, what is the reason for the divorce of the two people, and what kind of rift in the relationship needs to be investigated.
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If the husband accepts a high bride price or property at the time of marriage, and the divorce is not long after, part of it should be returned or compensation; If there is no bride price or gift for marriage, no compensation is required for divorce.
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The woman does not need to pay compensation if she files for divorce, and there is no reason to compensate the man.
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If you are not satisfied today, do you need compensation for filing for divorce? If it is the other party that has done something sorry for you, it must be compensated, and it must be compensated to you.
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If the other party files for divorce after less than a year of marriage, if the man asks for compensation, I think at most only a bride price will be pushed, and the rest will not need to be compensated.
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After marriage, the woman thinks that there is no common language with the man, or there are some ideas that lead to the divorce, and he does not need to compensate for the issue of compensation, because both men and women are equal, so after marriage, the divorce caused by the conflict, that is, the need for both parties to bear some responsibilities together.
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If the woman files for divorce for less than a year of marriage, does she need to compensate the man This does not need to compensate the man, but the joint property of the man and the woman can be half of the person.
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Summary. Dear, I am glad to answer for you: the woman who has been married for less than a year does not need to compensate the man for divorce.
After less than a year of marriage, the woman filed for divorce. Do I need to compensate the man?
Dear, I am glad to answer for you: the woman who has been married for less than a year does not need to compensate the man for divorce.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.
Article 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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