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1. Does the man have a job? What are the economic conditions?
Second, the borrowed money can be returned, and the jewelry can also be returned.
3. The gift money shall be regarded as joint property and shall be divided equally.
Fourth, the child is breastfeeding, and the judgment will be given to the woman; After weaning, the man may change custody unless the woman has circumstances that are unfavorable to the child.
5. Premarital property debts are personal property debts.
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If divorced, he needs to pay half of the child's living expenses until the age of 18, if he plays an IOU after marriage, he can prove that it is premarital property, he can ask for it back, and the jewelry can also be returned, the money given to the children by the parents is for the husband and wife to live together, and now they want to divorce, which can be used as the joint debt of the husband and wife, and the problem of the child is still agreed upon by both parties, if the agreement is not successful, it depends on the maintenance ability of both parties, and when the child is older, he has his own right to choose. You have to do what the child wants. The car belongs to the woman and should be returned to the woman.
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Your problems are already at the level of divorce operations, and it is recommended that you consult a lawyer about these operational issues, which will be more professional.
At the same time, since you mentioned that "no one wants to divorce", it means that you are really tired of the quarrel during the run-in period, and feel that you really can't solve the differences, and solve the problem by separating. But, have you ever wondered whether to separate or not to separate, the problem is still there, the cause of the problem is still there and not solved. It may seem like disagreements erupt over small things, but neither of you can understand the "language" behind the disagreement.
Even if you are separated, you are still young, and you will find a new life partner, and you will have a new run-in, at that time, can you guarantee that the crux behind today's problems will no longer be **? What's more, you're going to have a more complicated situation--- you're going to be married and you're going to have children.
So, sit down and calmly dissect together: quietly experience your own heart - what do you really want?; Calmly consider his heart--- what he wants?
Then, judging without emotion (without resentment), where is the point of divergence? (Peel back the veil of contradiction layer by layer, peel off the onion and inquire about the root cause of the difference) Then think carefully about each other, can the differences be reconciled? What changes need to be made if the two sides are to be reconciled?
Can this change be made by both of them? Will you be able to stick with it until you establish a new habit of getting along?
It is suggested that such an operation can be carried out separately first, and the divergence points should be listed on a piece of paper.
One, two, three, two people are likely to write differently, through discussion to reach an agreement, pick out the most important three or five points, and then each of them first separate and first memorize their own "tasks", and make an operation time plan period (the beginning can be shorter, three days or a week).
In short, in which direction you work hard, things will go in whichever direction. If all you are planning for is a divorce, then the result will definitely be a divorce. I recommend you to read this book "All Wishes Come True" by Taiwanese female writer Zhang Defen
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The child will be sentenced to the mother, and the father will give the mother living expenses every month. Then the property is the money before the marriage, and the money after your marriage is the joint property of the husband and wife, and it should be divided equally.
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Maintenance is mandatory and can be monthly, quarterly, or annually until the child reaches adulthood.
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The woman can get custody of at least one child. According to the third paragraph of article 36 of the Marriage Law, after divorce, the child who is breastfeeding shall be raised with the nursing mother in principle. 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.
Therefore, in the event of divorce, the issue of child custody should be handled by agreement between the parties, and if the parties cannot reach an agreement, they can file a lawsuit with the court. Unless one of the spouses suffers from a long-lasting infectious disease or other serious illness, or has other circumstances that are not conducive to the physical and mental health of the children, and there are generally three children, the woman can obtain custody of at least one child.
According to article 50 of the Law on the Protection of Rights and Interests of Women, at the time of divorce, if the woman loses the ability to give birth due to sterilization or other reasons, the reasonable demands of the woman shall be accommodated under the condition that the rights and interests of the children are conducive to the rights and interests of the children. Therefore, if this situation exists, it is more important to take care of the woman's reasonable request, not to mention having three children, even if there is only one child, the court should award the woman to custody.
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Normally, only the woman has no economic income at all, and has bad habits such as drug abuse, alcoholism, domestic violence, etc., generally will not be awarded to Party B.
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In the event that a divorce agreement cannot be reached, 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 should be granted.
In any of the following circumstances, if the mediation is ineffective, the 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 to have disappeared and the other party files a divorce lawsuit, the divorce shall be granted.
You can deal with the actual situation according to the provisions, I hope it can help you!
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I can't leave it, I want the court to make a judgment, ask a lawyer, and look at the marriage law.
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Filing a divorce lawsuit with the people's court.
People with selfish mentality will choose to divorce, the husband and wife have no feelings for each other for a long time, they will want to play with freshness, sex has nothing to do with love, you can tell her not to divorce, you can play with men, but you have to be responsible for the family. A perfect home for children. Divorced adults are fine.,In fact, it's the children who suffer.。。
You can't love for a lifetime, because there will always be conflicts between two people, and once the contradictions accumulate too much, they will break up.
It's good to want to have a boy, no one can have experience, it's best to go with the flow, it's the same for boys and girls, if you intervene artificially, pay more attention to your diet.
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