How to write a divorce agreement for my husband s hemiplegic and self caregiver, and my son s ten ye

Divorce is possible. 1] You can first choose to divorce voluntarily.

Sign the divorce agreement.

A written divorce agreement is reached between the parties on issues such as the division of property, custody of children, the amount of child support and the method of payment. Then both parties go to the marriage registration authority where their permanent residence is located.

Since one of the parties is a hemiplegic patient and faces certain difficulties in living and economic income, in the division of property, try to take care of the sick party. This is in line with moral feelings and legal requirements.

The basic documents you need to bring for a divorce.

1) ID cards and household registers of both parties.

2) Marriage certificate.

3) Two 2-inch recent bareheaded photos of each of the parties.

4) Divorce agreement (the agreement sets out the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal).

2] Sue for divorce.

If the other party does not agree to the divorce, the party requesting the divorce can file a divorce lawsuit with the court. As long as the legal conditions for divorce are met, the court will consider it. However, the possibility of failure of the first prosecution is not ruled out.

The likelihood of failure of the first prosecution.

If the patient suffers from hemiplegia due to hardship and other reasons many years after the marriage of the couple, the court may not grant a divorce out of human considerations. Because hemiplegic patients need to be cared for for a long time, and the patients are due to the hardships of life, the court will consider the patient's rights and interests.

If the relationship has indeed broken down, it is eligible for divorce.

The above problems should be emotional problems, and the reality that the other party is paralyzed cannot be accepted. If the first lawsuit fails, and the plaintiff strongly insists on divorce and files a second divorce lawsuit, the court will confirm the breakdown of the relationship and grant divorce in accordance with Article 32 of the Marriage Law.

This should be discussed with the husband first, and then the child support, property division and the husband's life may also need to be considered, after all, he is disabled.

Whether the husband is paralyzed and can take care of himself or divorce depends on the situation. The details are as follows:

1. If one party does not agree to the divorce, and has no ability to take care of himself and needs to be taken care of, then the possibility of divorce is not likely;

2. However, if the paralyzed party agrees and is taken care of by another guardian, the divorce can be granted. If you sue for divorce, you can get a divorce if there is evidence that the relationship between the husband and wife has broken down. The crime of abandonment refers to the act of refusing to support a person who has an obligation to support the elderly, the young, the sick, or other persons who are unable to live independently, and the circumstances are heinous.

The obligation of maintenance between husband and wife will disappear with the end of the marriage relationship, and there will be no problem of abandonment without the obligation of maintenance.

Victims have the right to make a request for abandonment of family members, and residents' committees, villagers' committees, and units to which they belong shall dissuade and mediate. Where the victim makes a request for the abandonment of a family member, the people's court shall make a judgment in accordance with law to pay alimony, child support, or alimony.

The procedure for suing for divorce is as follows:

1. File a divorce lawsuit with the court;

2. After meeting the conditions for filing a case and approving the filing, the case filing tribunal shall issue a notice of case filing;

3. After the court accepts the case, it will transfer the case to the civil court for trial;

4. After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit;

5. Mediation by the court;

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

Legal basis

Civil Code of the People's Republic of China

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.

Depending on the situation, if one party does not agree to the divorce, and has no ability to take care of himself and needs to be taken care of, then the judgment of divorce is unlikely. However, if the paralyzed spouse agrees and is cared for by another guardian, the divorce can be obtained. If a man or a woman requests a divorce, the relevant department 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 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 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) 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. Article 31 of the "Marriage Law of the People's Republic of China" Where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must go to the marriage registration office to apply for divorce.

When the marriage registration authority ascertains that the parties are indeed willing to be lenient and that the issues of children and property have been properly dealt with, a divorce certificate will be issued.

Legal analysis: 1. If the relationship breaks down, you can entrust a lawyer to sue and request a divorce.

2. Both parents can fight for the custody of the child. If the agreement fails, the court will make a judgment based on the principle that it is beneficial to the child if there is a troublemaker, and the result depends on the evidence, claims and operation methods of both parties.

3. In principle, the joint property of the husband and wife shall be divided equally.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China 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.