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It depends on whether your relationship is broken or not.
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1. There are two ways to divorce through negotiation and litigation, if it is a divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department of the place of household registration of either party to go through the divorce procedures and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; If the negotiation fails, you can only sue. The lawsuit must be filed in the court where the defendant is registered or where the defendant has resided for more than one year.
2. In terms of custody, in accordance with the principle that the maintenance of the parent is beneficial to the growth of the child, the court will comprehensively consider the child's current living status, the work income and moral aspects of both husband and wife, and whether the child has been raised by one of the parents when determining the custody right. Children under the age of 2 are generally given to the mother, and children over the age of 10 are given the opinion of the child. If there are two children, one child is raised by one person as a general rule.
The parent who does not have a child should pay child support, which is generally 20-30% of the income of the parent who is not raising the child. Child support includes living expenses, education expenses, medical expenses, etc. The specific maintenance fee is determined based on the local standard of living and the actual living expenses of the child.
3. The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party.
4.According to the law, when there is domestic violence, when the injured party divorces, he can request compensation from the domestic violence party, including material and moral damages, and the injured party will be properly taken into account in the division of property!
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Legal analysis: If the child is raised by the man, legally speaking, the woman needs to pay the man's child support. Of course, if the man voluntarily bears all the child support, it is okay, but if the man's ability to support the child is obviously unable to cover the child's expenses and affects the child's healthy growth, the child will not be allowed to be raised.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China.
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.
After the divorce, the father and the ex-mother still have the right and obligation to raise, educate and protect the 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.
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I also want you to leave the house, and I have to pay child support, as long as you are not at fault. Such divorce conditions are unacceptable, and he beats you, which is domestic violence. You can file for divorce.
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Don't be in a hurry first, collect evidence of his beating, and next time he beats you, you will take photos and audio recordings to keep evidence. If you get divorced, you have to think about whether you want to take care of the children yourself, whether you have the financial ability to support them, or if you want to work, whether your family can help take care of them. How old is the child?
If he has a choice, he can choose to go with one of them, and the other party is required to pay child support. It is impossible to leave the house cleanly, if both parties are not at fault, it should be half of the joint property of the husband and wife, and if there is evidence that one party is at fault, then the other party can ask for more division of the property. It's best if the two parties can agree, and if it doesn't work, let's go to court.
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If both parties are not at fault, the agreement does not make it possible to sue for divorce! After all, he has violent tendencies, will you feel at ease with your child and him? So go through the legal process, and the court will judge whose conditions are suitable for the child's growth according to the economic conditions and living conditions of both parties.
There will also be a fair division of property and child support. This is the best way to do it, and don't compromise on your own.
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Unacceptable, don't want child support **.
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Summary. Kiss <>
We'll be happy to answer for you. The divorced woman does not need custody when she leaves the house and does not have custody as follows: everyone wants children, and of course they will regret giving up custody.
If it is best if the two parties can negotiate a settlement, and if they cannot negotiate a settlement, the woman may take the form of litigation to request a change in custody, but the following conditions must be met: 1. The party 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 another party who has the ability to support them; 4.There are other legitimate reasons for the change.
The divorced woman does not want custody when she leaves the house.
Kiss <>
We'll be happy to answer for you. The divorced woman does not need custody when she leaves the house and does not have custody as follows: everyone wants children, and of course they will regret giving up custody.
If the two parties can negotiate a settlement, it is best to negotiate and cannot resolve it through negotiation, the woman may take the form of litigation to request a change in custody, but the following conditions must be met: 1. The party 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 another party, which is similar to those who have the ability to support them; 4.There are other legitimate reasons for the change.
Legal basis: Paragraph 3 of Article 36 of the Marriage Law stipulates that after divorce, children who are breastfeeding shall be raised by their breastfeeding mothers in principle. For children who have been breastfeeding, if there is a dispute between the two parties over custody issues, and an agreement can be reached, the people's court will make a judgment based on the rights and interests of the children and the specific circumstances of both parties.
This provision only establishes a basic principle of custody ownership, that is, the principle of being conducive to the growth of minor children, and the court will consider various factors such as the destruction of the minor and the age of the children, the relationship with the parents, and the financial situation of both parents.
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Legal Analysis: After the divorce, the parents still have the obligation to pay the maintenance fee to the minor child, and the agreement or judgment on child support does not prevent the child from making reasonable demands to either parent in excess of the agreement when necessary. If one party has the ability to pay child support, it still needs to be paid, but the specific amount of child support needs to be negotiated by both parties or the people's court will make a judgment according to the actual situation in accordance with the law.
Legal basis: 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 maintenance expenses. 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.
At the time of divorce, the debts originally incurred by the husband and wife 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. >>>More
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On this issue, the law is controversial, and the law does not yet explicitly stipulate the validity of such agreements, and whether they are valid or not needs to be analyzed on a case-by-case basis. >>>More
Divorce is simply the dissolution of the marital relationship. Parental authority is a right that cannot be taken away by anyone under any circumstances, and the party who does not live with the child has the right to visit the child, and this right of access cannot be excluded by agreement, because it violates the principle of "public order and good morals" of the law. Although the marriage relationship is dissolved, you, as a mother, still have custody and visitation rights to the child, and also have the obligation to support the child. >>>More