If I want to get a divorce, how will the property be divided, who should the children belong to, and

Communicate well with your husband and don't act impulsively. If you really want to leave, the division of property and the maintenance of children are negotiable. If you don't have a job, don't have a home and don't want to raise a child, the court won't be able to award the child to you.

After the division of the joint property, it can also be used to offset your alimony.

In response to your questions, our lawyer provides the following answers:

1) First of all, for the child's problem, because the child is five years old, if you don't want the child, it depends on whether he wants it or not, if he wants it, of course, but you need to pay child support; If he also does not want it, the court will decide who will raise the child according to the principle that it is beneficial to the child's development;

2) It is not that the property cannot be divided without children, these are two different things, the property is generally divided equally between the two parties, and the party who does not raise the child pays part of the child support;

3) As for the question of whether you want a house, you can negotiate completely, if the negotiation fails, you can only put all the property together and divide it equally.

Hello! If the child is under two years old, you should be considered for support first. However, if you are really unable to support the child according to the actual situation, you can also award it to the other party, and you will pay a certain percentage of the maintenance within your ability.

The joint property of the husband and wife still needs to be divided, and there is a principle of distribution between the one who takes care of the woman, the party who is not at fault, and the one who raises the children.

Actually, it's not that necessary. Divorce is not a child's ability to talk about playing. Say leave, leave.

I don't know how old your child is. But divorce is a big blow to the children, and it would be best if both parties could sit down and have a good chat. Really want to leave.

It depends on who the court awards the child to. The property can still be divided, but it is a matter of how much.

Don't you think your children will grow up to disown you?

Legal analysis: Divorce without children can be divided into property, and it is statutory, as for the custody of children, it can be sued to resolve. In the event of a 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.

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 is 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.

The divorce property of the child is not his own, and it should be divided by the agreement of the husband and wife first; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party on the basis of the specific circumstances of the property. Only joint property belonging to a man and a woman can be divided.

Legal basisArticle 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to 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.

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

If you don't want to divorce and don't have children, you can divide the family property. At the time of divorce, the joint property of the husband and wife shall be disposed of through negotiation, and if the negotiation is not completed, the court may be requested to handle it. However, at the time of divorce, the child still has the right and obligation to raise and educate the child, and the child shall bear part or all of the necessary living and education expenses.

If there are no children at the time of divorce, only the property may be distributed, and the following principles shall be paid attention to in the division of the joint property of the husband and wife:

1. Adhere to the principle of equality between men and women. To understand this principle, attention should be paid to the following three aspects:

1) The joint property of the husband and wife is the joint property, for which both parties have equal rights to possess, use, benefit and dispose of.

2) The equal rights and interests of the spouses in the joint property do not in any way mean that absolute egalitarianism is encouraged.

3) Both husband and wife shall have the rights to their joint property and bear the corresponding obligations.

2. Adhere to the principle of taking care of the interests of the woman.

3. Take care of the principle of the innocent party. In divorce cases, the innocent party has the right to claim damages at the time of the division of property, and the appropriate amount of damages.

4. The principle of fairness. The principle of fairness is the basic principle stipulated in the General Principles of the Civil Law of China.

5. The principle of conducive to production and convenient life.

When dividing marital property, attention should be paid to the needs that are conducive to production and life, and not to harm the utility, performance and economic value of the property.

6. Respect the wishes of the parties, and the property agreement precedes the statutory principle.

7. The principle of not harming the interests of the state, the collective and others. That is, property belonging to the state, the collective, or others cannot be divided as the joint property of the husband and wife, and the interests of others cannot be harmed by dividing the joint property of the husband and wife.

Legal basis

Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.