Divorce Legal Consultation 5, Divorce Legal Consultation

Divorce by mutual agreement is recommended.

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

Chapter IV Divorce.

Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

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;

4) 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.

Typing is not easy, such as satisfaction, hope.

It's a new reason, and it's all called the police, and the police station has a record, which can be used as evidence.

The so-called new circumstances and new reasons usually refer to the circumstances or reasons that are sufficient to prove that the relationship between the two parties has indeed broken down after the judgment denying divorce, or that one party may have committed a major crime against the other party, such as endangering life or personal safety, or that there are other serious circumstances and reasons such as that it is certain that the parties cannot continue to live together. For example, if there is a situation that may lead to **, suicide, etc., it can be considered that there is a new situation or new reason for the law. There are also cases such as bigamy within 6 months; One party commits a crime; One party openly cohabited with another person; Illness that prohibits marriage should also be considered as appropriate.

Different from the grounds for the first lawsuit, and the same as the grounds for the first lawsuit, if the court does not accept the plaintiff's personal safety, the personal safety will not be protected, etc., can be used as new reasons and new circumstances.

Legal analysis: The divorced husband and wife are required to jointly apply to the marriage registration office of the district or county-level civil affairs bureau (or town people**) where one party has permanent residence; Both parties to the divorce registration shall fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar; The intention of both parties to the divorce to sign the agreement (in triplicate) and sign or fingerprint in the presence of the Registrar of Marriages; The marriage registration authorities shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the requirements for divorce are met, they shall register and issue a divorce certificate.

Litigation divorce refers to the situation where the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, the complaint, relevant identity documents and evidence materials need to be submitted to the court.

If a party needs a lawyer** for litigation, there are two ways: one is to go to the law firm to entrust a lawyer of the corresponding specialty**. Second, if certain conditions are met, such as being poor, you can apply to the Bureau of Justice, the Women's Federation, the Legal Aid Center and other departments for free lawyer**, that is, legal aid.

Legal basis: Article 1077 of the Civil Code Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078 of the Civil Code: Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.

Article 1076 of the Civil Code: Where a 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 of the Civil Code: Where one of the husband and wife requests a divorce, the relevant 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 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.

First of all, China's marriage law stipulates that a woman is not allowed to divorce during pregnancy.

Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, 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.

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.

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.

Article 38: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party 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.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The above is the relevant provisions of the Marriage Law, to sum up, if the woman files for divorce, the distribution of property and other issues must be negotiated by both parties first, and then the court will decide when the negotiation fails!

In principle, within one year of pregnancy, the man's application for divorce will not be supported, and if the woman proposes it, the judge will not arbitrarily grant a divorce, but will consider it carefully. The first question, I don't think it's a question of compensation, because the child and the woman also have a share, and it is unreasonable to have the man bear this completely, and the moral damage fee should not be supported, and there are very few cases where the moral damage fee can be mentioned in the civil law. Second, you can negotiate the expenses and maintenance after the birth of the child, no matter what, it must be borne by the same party, not only one party will bear it, if you divorce, the party who does not have children will have to pay part of the child support to the party with the child.

Thirdly, this issue is, in principle, that the property during the existence of your relationship is divided in half, including debts. Hope it helps.

First of all, there can be no divorce during pregnancy, unless the woman initiates it. The man should pay for the expenses during pregnancy, but there is no mental damage, and he has not done anything sorry for you. In the case of divorce now, the child will generally be awarded to the woman for maintenance, and the man will bear half of the child support.

The property of the husband and wife during the marriage shall be jointly owned by the husband and wife, and half shall be divided equally.

1. It is difficult to get support without a legal basis, and it can be resolved through negotiation. 2. If the woman is unemployed and the man is obliged to pay for the birth of the child, the woman can live after the divorce to claim custody and child support for the child. 3. It can only promote the division of the joint income of the husband and wife after marriage.