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The amount of compensation for domestic violence divorce includes material damages and moral damages, and the determination of the amount of moral damages is mainly based on the following aspects: (1) the degree of fault of the infringer; (2) the specific circumstances of the violation, such as the means, occasions, and modes of conduct; (3) the consequences of the infringement; (4) the infringer's profits; (5) the infringer's economic ability to bear responsibility; and (6) the average standard of living in the place where the court is sued.
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The principle of property division in domestic violence divorce refers to the principle of taking care of the rights and interests of children, the woman and the innocent party. According to the provisions of Chinese law, fault refers to bigamy, cohabitation of a spouse with another person, domestic violence, and abuse and abandonment of family members. Therefore, in the case of divorce due to domestic violence, the innocent party can share more property.
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According to the "Measures for the Payment of Litigation Fees": Article 13: Case acceptance fees shall be paid in accordance with the following standards: (2) Non-property cases shall be paid in accordance with the following standards:
1.Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.
Therefore, a fee of $50 to $300 is paid for each divorce case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.
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Lead your daughter over, don't want anything, because he is a beast, you are happy to leave him, and having a daughter is happiness in happiness, what you want is not compensation, but to leave him, and the courage to live, come on!
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Minor injuries have already constituted enough to put him in jail.
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Go directly to the court, how the court decides.
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In the event of a divorce due to the breakdown of the relationship caused by domestic violence, the divorced property will be judged on the basis of the principle of taking care of the children, the woman and the innocent party, and the party who committed the domestic violence may claim damages.
Legal basis. Article 1087 of the Civil Code of the People's Republic of China In the event of 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.
Article 1088 Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be reviewed by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
Domestic Violence Divorce Court will release the injured party on a case-by-case basis. >>>More
Domestic Violence Divorce Court will release the injured party on a case-by-case basis. >>>More
If the husband and wife divorce due to domestic violence committed by one party, the property shall be divided in accordance with the general rules of the Marriage Law, that is, according to Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by agreement of both parties at the time of divorce; 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. However, because the party who committed the domestic violence is at fault, the party who is not at fault may demand that the party who committed the domestic violence bear the liability for damages on the basis of a share of the joint property. >>>More
1. If the fund-raising funds are paid during the marriage, the real estate belongs to the joint property of the husband and wife and shall be divided equally. >>>More
Divorce not only dissolves the personal relationship between husband and wife, but also terminates the property relationship between husband and wife, and naturally raises the issue of the identification and division of marital property. >>>More