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If the negotiation fails, go to the court to sue for divorce.
The legal basis is the Marriage Law of the People's Republic of China
Article 31.
If both a man and a woman divorce voluntarily, the divorce shall be 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.
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 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.
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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.
According to the Marriage Law of the People's Republic of China:
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.
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That's not good, warm each other and help each other live.
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Will it involve the problem of bringing grandchildren?
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Children in a second marriage and divorce can ask for child support, but the premise is that both parties have formed a relationship of raising and raising children. The law clearly stipulates that after divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. It is a legal obligation for parents to raise their children and must not be waived.
If the second marriage forms a stepchild relationship, that is, no custody relationship is formed, maintenance cannot be claimed. According to Article 1085 of the Civil Code, if a child is directly raised by one party after divorce, 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 reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1085 of the Civil Code: 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 reasonable requests to either parent for more than the amount originally set forth in the agreement or judgment when necessary.
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Is it possible to get married for the first and second time without raising each other's children?
In fact, although the remarried child is not related to the remarried parents, the minor stepchild living with the stepparent will form a relationship of upbringing and education, and the law will confer on him the same rights and duties as the biological parents. That is, during the existence of the relationship between the stepfather or stepmother and the minor stepchild, the stepfather or stepmother has the obligation to raise and educate the stepchild. So, to put it simply, after remarriage, one party has a maintenance obligation to the other party's children.
If the stepchild is an adult but has not yet lived independently, and the stepparent is able to pay, the necessary maintenance expenses shall still be paid. According to the law, stepparents and stepchildren are not allowed to abuse or discriminate against each other.
The rights and obligations between the stepfather or stepmother and the stepchild who has been raised and educated by Ming Liang Cong shall be governed by this Law on the relationship between parents and children.
2. Can the custody of the child be changed after divorce?
According to the provisions of Chinese law, the child support relationship can be changed when the following statutory reasons arise:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;
3) Minor children over the age of 10 who are willing to live with the other party and who have the ability to support them;
4) There are other legitimate reasons that need to be changed. Where one party's request to modify the child support relationship falls under any of the above circumstances, the people's court shall support it.
3. Do I have to support the other party's children after remarriage?
It is not necessary to support the other party's children after remarriage. If the child is a minor, it is generally necessary to bear the cost of child support. During the existence of the household registration relationship after remarriage, a relationship of custody is de facto formed between the stepparents and the stepchildren who received their support and education, and the stepparents have corresponding obligations to support the minors and their children.
If the stepchild has reached the age of majority or the marriage has been dissolved, there is no obligation to support him.
Article 1072 of the Civil Code of the People's Republic of China.
Stepparents and stepchildren must not be abused or discriminate.
The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.
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If there is a child in the second marriage, after the marriage, there is originally the right of custody, and the right of custody still exists. If the man or the woman fights for the custody of the child at the time of divorce, and if it is obtained, the custody of the child will directly belong to the man or woman, and then if the man or woman wants to marry for the second time, the custody of the child still exists after marriage, and the custody will not be lost due to remarriage. Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents.
After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.
For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected. Article 1085?
After the 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 fails, the people's court shall make a judgment on starvation. The agreement or judgment provided for in the draft judgment in the preceding paragraph does not prevent the child from making a reasonable request to either parent to change the agreement or make a judgment in excess of the original amount of the agreement.
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