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I know you must love your parents very much, but sometimes love is also very selfish, parents sometimes forget to think about their children, first of all, your parents want to divorce is a big blow to you, it can be seen that you are very sensible to find your strengths and weaknesses! I think you should talk to your mom and dad separately now to see if they are both willing to divorce? If it's for sure, you don't want to stop it, and if one party doesn't leave, there should be a reason!
Do you want to analyze the reasonableness of the reason? Of course, before that, you have to clearly understand that your parents are happy together. Do they still have love?!
A marriage without love is the greatest misfortune! If there was love! Your dad loves you too!
Then you must convince your mother to change herself, whether it is from appearance, temperament, life, and more importantly, her personality! Learn to restrain your willfulness, suspicion, pettiness and other bad habits! Make your dad feel like coming home is a sure thing to be happy at home!
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Now the most important thing is that you should firmly disagree with your parents' divorce, and then persuade your father so that he can do his part to maintain family harmony. If you really want to get revenge on that woman, you can go out of that woman's child and get her home address, and then do whatever you want, but I suggest you don't come forward, in case the woman recognizes you and tells your dad it could be bad...
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If you agree to their divorce, then don't deal with that woman, because after all, he gave your father happiness, and it was your father who also agreed, not forced by her. If you don't agree, then you think about agreeing to their divorce, divorce is not terrible, mom is still mom, dad is still dad, if you divorce you can not call her (stepmother) mom, do not call him (stepdad) dad. Settle in first
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The method of judgment for divorce and children of husband and wife is as follows:
1. Under the age of two years old, the mother shall be directly raised as the principle;
2. Where the applicant is over two years old, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor children;
3. Where a child has reached the age of eight, his or her true wishes shall be respected.
What are the standards for child support in divorce.
There are three standards for child support in divorce:
1. The amount of child support expenses. The standard of payment for the non-directly dependent party shall be 20% to 30% of the total monthly income for those with a fixed income; Those who bear support for two or more children generally do not exceed 50% of their gross monthly income;
2. Term of payment of child support expenses. The period of payment of child support is generally until the child reaches the age of 18;
3. Payment method of child support expenses. Maintenance payments should be made on a regular basis.
[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 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.
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Legal Analysis: The law stipulates the freedom of marriage, and children are not allowed to interfere. On the one hand, if the relationship has indeed broken down, the divorce should be granted if mediation fails; Second, if the relationship between the husband and wife has not broken down or has not completely broken down, even if mediation fails, the divorce should not be granted.
Therefore, the legal condition for a people's court to grant a divorce can only be that "the relationship between the husband and wife has indeed broken down".
Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 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.
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1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
2. About child support and child support.
For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
3. On the assignment and division of common property.
The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided less or not at all, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
If it is a divorce by agreement, after the two parties have negotiated, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate, and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
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If the child is under the age of two years, the custody will generally be awarded to the woman, if the woman has a long-term infectious disease or other serious diseases, the child should not live with the child, and the support conditions do not meet the maintenance obligations, and the rich party requires the child to live with him.
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Hello, the law stipulates that the child is raised by the mother within the age of two, and the two-year-old Lu is returned to the father early orange line, if the mother wants custody of the child, she can fight for Wu Sui through a lawsuit.
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In fact, I personally think that there is no need to force this matter, after all, there must be various reasons and reasons for the separation of the two.
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If you negotiate with your parents and can envy enough for divorce by agreement, you can go to the Civil Affairs Bureau to go through the formalities for divorce by agreement. If you can't reach an agreement, you can sue for divorce on the grounds that you have been separated for more than two years.
Divorce can be divided into two ways: divorce by agreement and divorce by litigation, and the two ways are now introduced separately.
1. In the case of divorce by mutual agreement, the husband and wife can reach a consensus on the divorce and reach an agreement on issues such as the division of joint property, child support, child support, and the sharing of joint debts between the husband and wife. Both parties should bring their ID cards, household registration books, marriage certificates, divorce agreements, and two-inch bareheaded** to the marriage certificate registration authority to go through the divorce procedures. In this case, it is still relatively fast.
2. In the case of litigation divorce, if there is no agreement on issues such as divorce, division of property, child support, and sharing of joint debts, only one party can sue the court for divorce. However, if one party resolutely disagrees to the divorce, and the plaintiff cannot provide evidence that the relationship between the husband and wife has indeed broken down, the court may not grant a divorce if the Hong clan sues for the first time. Therefore, in this case, if the plaintiff wants to handle the divorce as soon as possible, he should prepare relevant evidence in advance.
When necessary, they should retain a lawyer to help collect evidence in order to achieve their desired results.
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In a sense of personal morality, I shouldn't come back to this question.
However, since the subject raised this question, I believe that it is because of his own reasons, and family matters are best known only to the parties who are in it.
Since the parents have not taken the initiative to ask for divorce in the lives of both parties, no matter what happens, it shows that both parties still have things to care about, such as the division of property and the return of children. Either way it will be a reason why they didn't go to divorce.
It is recommended that you be honest with each other, talk to your parents about this issue, express your views to the other party, get the other party to pay attention to you, and then make changes or decisions in your life.
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Why do parents want to divorce?
Are they in a bad relationship and make a lot of trouble?
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