After more than two years of separation, what should I do if the man does not divorce and does not p

Updated on parenting 2024-04-02
7 answers
  1. Anonymous users2024-02-07

    Let's talk to him formally first, find out what the reason is, let's talk about the divorce first, we have been separated for more than two years, it stands to reason that marriage exists in name only, and if it drags on like this, it doesn't make sense, is he unwilling to give up on you.

    If the latter is the case, it is to make him die, the former one, there is no need to talk nonsense, directly to the people's court to sue for divorce, if the judge determines that your relationship between husband and wife has broken down, then it will be decided that you are divorced, of course, the court will look at the evidence you provide, so this collection and sorting work, you are going to start, and when you accept the **, you can submit it to the judge, the more you can prove that the relationship has broken down, the greater the probability of your win!

    If the man can't support himself by himself, or if the economic income is low and there is no way to give child support, you can only wait for him to give it when the economy is better, or he thinks the child support you ask for is too high and doesn't want to give, you can negotiate the amount of the child support, which is acceptable to both parties!

    There is also a kind of money that you don't want to give, in this case, you can sue for divorce in the court, you can convey this part of the appeal to the judge, if the divorce is decided, the court will definitely have a requirement for the man! If the court decides and he still doesn't give it, then you can apply to the court for enforcement, so you don't have to worry about this problem!

    All in all, if peace cannot be resolved, then the courts are the best way to go!

  2. Anonymous users2024-02-06

    If you don't divorce, you can bring it up, do you want to die and wait for him? If you don't give you child support, you don't want to take care of you, you don't want to take care of your children, maybe the true love of other men's men is outside, and you still have to keep a non-existent home and keep your widow alive, you are embarrassed to say it!

  3. Anonymous users2024-02-05

    If you really come to this point, you can file for divorce or sue directly.

  4. Anonymous users2024-02-04

    Let's talk to him first, if he is still like this, then you can go through the legal process and let the court enforce it!

  5. Anonymous users2024-02-03

    Legal analysis: 1. During the period of separation, the maintenance fee shall be paid regularly by the undependent party. It is possible to negotiate on this issue and ask the other party to pay child support. If the negotiation fails, the guardian can file a lawsuit on behalf of the child and protect the child's right to be supported through the law.

    2. Parents have the obligation to raise and educate their children, which is expressly stipulated in national laws. Since it is an obligation, it must be fulfilled. Both fathers and mothers have the responsibility and obligation to raise and educate their children.

    Such responsibilities and obligations are unconditional, and issues such as the relationship between husband and wife, the form of residence, etc., cannot affect them.

    3. The amount of alimony to be paid is generally settled by the man and woman through negotiation, and if the negotiation between the two parties fails, they can sue the court, and the court will make a judgment according to the financial ability of both parties and the actual expenses of the child.

    Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne 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.

    The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a request to either parent for a conjuncie in excess of the amount set in the agreement or the original judgment when necessary.

  6. Anonymous users2024-02-02

    It is the legal obligation of parents to raise children, and the party who does not directly raise children shall pay child support, and the children have the right to demand that their parents pay child support.

    [Legal basis].

    Article 1067 of the Civil Code of the People's Republic of China provides that parents who fail to perform their obligation to support their parents, adult children who are not happy or who cannot live independently, have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. Article 17 of the "Supreme People's Court's Provisions on Several Issues Concerning the Enforcement Work of the People's Courts (Provisional)" The enforcement of effective legal documents shall generally be applied for by the parties in accordance with law.

    Legal documents and civil sanction decisions that have the content of alimony, alimony, or child support payments, as well as judgments, rulings, and mediation documents attached to criminal cases, are to be transferred by the trial division to the enforcement agency for enforcement.

  7. Anonymous users2024-02-01

    It is a legal obligation of parents to raise children, and this obligation is not changed by the relationship between the two parties, so if the children are not raised during the period of separation, the two parties can negotiate a settlement, and if the negotiation fails, they can file a lawsuit with the court.

    1. Do separated people have to pay child support?

    To pay. Our laws clearly stipulate that the obligation of parents to raise their children is innate and statutory. As long as they are parents, they must fulfill the obligation to support them.

    Parents cannot fail to pay child support because of divorce or separation. Therefore, the parents are separated and also have to pay child support, and it is not okay not to pay it. If one party does not pay child support during the separation, then the child can sue the court for maintenance if the negotiation fails.

    2. How to distribute custody between the two children in divorce.

    In the case of divorce, custody of the two children needs to be decided by both parties. If the negotiation fails, the court will make a judgment based on who will raise the child and will be more conducive to the child's growth. It is mandatory in the law that the relationship between parents and children does not disappear when the marriage between parents is dissolved.

    It is possible to change the custody rights that have already been determined.

    In the case that both parents are not at fault and there is no problem, if both parties agree to divorce, then the custody of the child can be resolved through negotiation, but if both parties want custody, they can only go through litigation, and at this time, they will comprehensively consider who is more suitable for the child. If they are not satisfied with the court's decision, they may further file an appeal.

    3. Can I voluntarily give up custody of my child?

    You can voluntarily give up the custody of the child, but you cannot give up the obligation to support the child. According to the relevant legal provisions, the relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    The party who does not directly raise the children must fulfill the legal obligations such as paying child support and visiting the children, and must not waive them.

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