Consult a marriage expert on whether to go through litigation for divorce

Hello, it is better to divorce by agreement, and if the agreement is not reached, then go through the legal process to settle it.

Hello, depending on your situation, if you want a divorce, it is better to divorce by agreement. If you don't want a divorce, then go to the court to attend the trial, and the court will conduct pre-trial mediation in accordance with the law, of course, in terms of money division, the court will consider it according to who the child is with. If you really don't want to divorce, after the mediation fails, during the ** period, you only need to explain that the relationship between the husband and wife has not broken down, which is not enough to stipulate the bottom line of divorce under the Marriage Law, and the judge will consider it at his discretion.

In your case, if you do not agree to the divorce, the basic court will not grant the divorce. Agreement or litigation is only a method of dissolving the marriage relationship, and generally in the case of divorce by agreement, litigation is adopted; The probability of a child over 2 years old being sentenced to a mother is basically 99%, so you can only consider the issue of child support, which varies from place to place, and depends on your income and expenditure, the court generally considers about 30% of your monthly income, of course, this is not absolute.

Hope it helps.

The other thing is that I want to think more about it for the sake of children.

If the child is more than two years old, the court will award it to the mother. Now the court of child support is awarded like this: about 20% of one party's income, if the woman sues, the court will ask for your opinion on child support, and it is unlikely that you will be forced to pay a high amount.

Generally, 1,000 yuan a month is about the same. However, it depends on the salary income of your place of residence. I don't know how your property will be distributed, so I can't advise you on whether it should be an agreement or a lawsuit.

Divorce by litigation is divided into three stages: prosecution, trial, and judgment.

1. Prosecution. Litigation in divorce cases refers to a request by one party to the marriage relationship to the people's court to dissolve the marriage relationship with the other party in accordance with law. The party to the lawsuit is the plaintiff, and the party being sued is the defendant, and after the lawsuit begins, the party enjoys the right to litigate and bears the obligation to litigate in accordance with the law.

According to the provisions of China's Civil Procedure Law, the prosecution of a civil case must comply with the four articles of false search. Divorce cases are also civil cases, so the lawsuit must also meet the conditions of the Civil Procedure Law and have its own characteristics:

The plaintiff must be an individual with a direct interest in the case;

There is a clear defendant;

There are specific claims, facts, and reasons;

It is within the jurisdiction of the people's court that is the subject of the lawsuit. According to the provisions of the Civil Procedure Law of the People's Republic of China, general territorial jurisdiction applies to divorce proceedings. That is, the party who requests a divorce must file a lawsuit with the people's court at the place where the defendant's household registration is located, and if the defendant's place of household registration is inconsistent with the place of habitual residence, the defendant must file a lawsuit with the people's court at the place of habitual residence.

Only divorce cases that meet the above four conditions can be accepted by the people's courts.

Summary. Litigation divorce, also known as adjudication divorce, refers to a divorce method in which one of the spouses files a divorce lawsuit with the people's court based on the statutory reasons for divorce, and the people's court dissolves the marital relationship between the parties through mediation or judgment in accordance with the law.

Divorce by lawsuit. Litigation divorce, also known as adjudication divorce, refers to a divorce method in which one of the spouses files a divorce lawsuit with the people's court based on the statutory reasons for divorce, and the people's court dissolves the marriage negotiation and marriage relationship between the parties through mediation or judgment in accordance with the law.

Litigation divorce in China is applicable to the following three types of divorce disputes: (1) one of the husband and wife requests a divorce, but the other party does not agree to the divorce; (2) Both husband and wife are willing to divorce, but cannot reach an agreement on the consequences of divorce such as child support and property; (3) Although both husband and wife divorced voluntarily and reached an agreement on the consequences of divorce such as child support and property, they did not register their marriage in Chinese mainland in accordance with the law. In addition, for a divorce by agreement that meets the conditions for registered divorce, if the parties are unwilling to register the divorce for some reason, the divorce by litigation can also be applied.

Compared with registered divorce, litigation divorce can be said to be "adjudicating the truly controversial divorce event". It requires the parties to present the reasons and requests for divorce, and the court resolves the divorce dispute by exercising its judicial power. Although the litigation divorce procedure is a civil litigation procedure, it has many differences compared with ordinary civil litigation.

In essence, a divorce lawsuit is a consolidated lawsuit, which not only lacks the need to resolve whether to grant the divorce, but also must resolve many legal consequences of the divorce when granting the divorce, such as the division of joint property, debt settlement, financial assistance, child support, the exercise of visitation rights, divorce damages, and many other issues. In terms of trial procedures, the people's courts adopt more of an ex officio approach to divorce proceedings, presiding over mediation ex officio.

Hello, dear, is it an emotional dispute?

Where one of the spouses requests a divorce, the relevant organizations 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.

Relevant regulations: Article 1079 of the Civil Code of the People's Republic of China provides that if 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, the divorce should be granted if the mediation is ineffective.

In any of the following circumstances, if mediation fails, divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.