If you have a 1 and a half year old child who has been married for 3 years and wants to divorce, how

Updated on society 2024-05-22
17 answers
  1. Anonymous users2024-02-11

    In the case of divorce, since the child is only one and a half years old, the judgment will generally be given to the mother or the woman if the conditions of both parties are equal, but if both parties agree voluntarily, they can talk to anyone.

    The property, the house is before the marriage, but if it has not been notarized before the marriage, then after the marriage, as long as the owner of the house is one of your husband and wife, then the house belongs to the joint property of the husband and wife, and the two parties divide it equally. If notarized, then the house belonged to whoever it was before the marriage and who still owns it now.

    The car and electrical appliances were bought after marriage, and they all belonged to the joint property of the husband and wife, and the two parties shared it equally.

    Other deposits or money and things, as long as they are in the name of the husband and wife, are divided equally.

    However, if the divorce is caused by the fault of one party, the at-fault party can be required to share the property less, and in addition, if the child is given to the woman, the man is required to pay child support, and vice versa, if it goes to the man, the woman must pay child support.

  2. Anonymous users2024-02-10

    If you don't have your name on the house you bought before you got married, you won't get a share.

  3. Anonymous users2024-02-09

    It does not belong to the joint property of the husband and wife before marriage, but belongs to the joint property of the husband and wife after marriage. In the case of divorce property distribution, only the joint property of the husband and wife is distributed. You can just follow this standard.

    The child's problem, it depends on which of you wants it, and the child support or something is negotiated by yourself. The law supports joint custody, and there is no specific standard for the payment of alimony if there is no custody right, depending on the circumstances. If both parties are willing, it is also possible for one of the children to be raised.

  4. Anonymous users2024-02-08

    The children are one year old, do they really want to leave? Property is secondary, children are the most important, maybe you don't understand it thoroughly now, and when you get older, you will understand the importance of children to you.

    First of all, if your husband beats you, you must divorce your mother-in-law, and if you can live together, there is no need to divorce.

    Secondly, if you have to get a divorce, you have to fight for custody of the child.

    Thirdly, the Mandatory Divorce Law should be taken into account that you are a divorced person, and it is difficult to find a partner

    At last!!! It's all women's property, and they must fight for what they deserve.

    The house is before the marriage, who bought it belongs to whom, and the pre-marital property belongs to personal property!! If the date on the title deed is earlier than the date on the marriage deed, it is personal property. If it's a loan, both parties repay the loan, and the house also has to be split in this case.

    The property after the marriage belongs to both parties!!

    Negotiate with him Don't get too stiff

    After all, you will be the parents of your children!!

  5. Anonymous users2024-02-07

    I want a house, not a car.

    Electrical appliances are equally divided

  6. Anonymous users2024-02-06

    This question is fairly simple in our civil cases.

    First, whether you can break up peacefully and go to the Civil Affairs Bureau to sign, of course, the premise is that you can negotiate the issue of property and custody.

    Second, if it cannot be resolved peacefully, the only way to go to court is to file a lawsuit and then have the judge decide.

    Third, the property problem is easy to solve, if you have not signed any agreement before and have not notarized the pre-marital property, the Marriage Law stipulates that the marital property is jointly owned by the husband and wife!! That's why this has to be judged by the official. There are also very good provisions for custody, which I won't talk about here

  7. Anonymous users2024-02-05

    Legal analysis: Individual property is owned separately, and common property is divided equally in principle. Generally, under the age of two, the principle of being raised by the woman is the case.

    There is nothing special about the division of property after one year of marriage, and the division of property in divorce mainly depends on the following points: 1. If the two parties have an agreement on marital property, the agreement between the two parties shall prevail. 2. If the two parties reach an agreement on the division of property through negotiation, the result of the negotiation shall prevail.

    3. If there is no agreement on marital property between the two parties or the two parties fail to reach an agreement through negotiation, the court shall divide it according to law, and at this time, the division will generally be carried out in accordance with the principle of equal division, and the contribution of both parties to the property and the rights and interests of women and children will be taken into account as appropriate.

    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.

  8. Anonymous users2024-02-04

    The Civil Code stipulates that in order to divorce after one year of marriage without children, a distinction should be made between personal property and the property of both parties. According to the relevant laws and regulations, the joint property of the two parties includes wages, bonuses, remuneration for labor services, income from production, operation and investment, etc.

    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 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

    1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law. Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury.

  9. Anonymous users2024-02-03

    The lawful gains during the marriage period shall be the joint property of the husband and wife and shall be divided equally.

    The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

    1) Salary and bonus;

    2) income from production and operation;

    3) income from intellectual property rights;

    4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;

    5) Other jointly owned property.

    The joint property of husband and wife includes the labor income and other legal income, donated property, inherited property, etc., obtained by both husband and wife or one of the spouses during the existence of the marital relationship.

    According to the second part of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:

    1) Where pre-marital property and post-marital property cannot be ascertained, or if it is pre-marital personal property, but it has been married for many years and has been jointly used, operated, and managed by both parties for a long time, it can be regarded as joint property of husband and wife;

    2) During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be divided according to the joint property of the husband and wife at the time of divorce if the husband and wife have lived together for a long time;

    3) the current year's income from engaging in diversified operations and contracting responsibility fields during the existence of the husband and wife relationship, as well as the funds invested in breeding and breeding professions that have no income in the current year;

    4) Gold, silver, jewelry, and other property donated by one or both parents after the marriage is registered.

    1. What are the principles for determining custody.

    1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

    1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

    2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

    3) The child is unable to live with the mother due to other reasons.

    2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

    3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

    1) Have undergone sterilization or have lost their fertility due to other reasons;

    2) There are no other children, and the other party has other children;

    4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

    5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

    6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

    7. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

    8. Where both parents agree to change the relationship between the children and raise their children, it shall be permitted.

  10. Anonymous users2024-02-02

    In principle, children under the age of two years are to be raised by the woman, and the property is divided equally.

  11. Anonymous users2024-02-01

    One more thing to add.

    If the child is still breastfeeding, the man shall not file for divorce in accordance with the law.

  12. Anonymous users2024-01-31

    The child belongs to the woman, and the joint property is divided equally after marriage.

    Zongheng Legal Network-Guangdong Dana (Wuhan) Law Firm-Xu Tao lawyer.

  13. Anonymous users2024-01-30

    Hello personal property before marriage, or personal property after divorce;

    The marital property is the joint property of the husband and wife, and according to the provisions of the Marriage Law, the husband and wife are divided into half;

    Of course, it can also be negotiated;

    If the child is not over two years old, raised by the woman, the man must support the child support every month before the child is under the age of 18, if the child has reached the age of two, you can negotiate between the two men or the woman to raise, if the negotiation is invalid, the court will generally take the main factor that is conducive to the growth of the child, and make a judgment!

    The money given by your parents before marriage is given to you by your parents and is your personal property;

    Household appliances bought before marriage are also personal property.

    Specifically, it is disconnected from the date of registration of the marriage;

    Only the property after marriage is divided equally!

  14. Anonymous users2024-01-29

    See if the other party is at fault, and if so, you can ask for a small share of the property. Otherwise, it's basically half the point. In the case of children, the woman under the age of two is generally given to the woman, and the other party can be asked to pay child support.

  15. Anonymous users2024-01-28

    1.Whoever contributed before the marriage was anyone's property.

    2.After marriage, the joint income purchased, the surplus is the joint property, and the parties are not at fault to divide equally.3An emotionless marriage is a kind of torture for both parties, and in order to smoothly free yourself from the constraints of marriage, it is recommended that you take proper care of the woman's claims regarding property.

    4.The two parties negotiate the issue of raising the child, and if the negotiation fails, the court will make a judgment based on the need to benefit the child's growth.

    5.Is it really irreparable? The impact of parental divorce on children is the greatest, and it is prudent and prudent.

  16. Anonymous users2024-01-27

    The property is divided between the two of you after marriage, and the property before marriage belongs to the individual.

    Since you want to divorce, try to divorce by mutual agreement, after all, according to your description, many assets have been converted into home appliances, furniture or something.

    The child is raised by the woman.

    Legal advice is provided free of charge by professional lawyers. See your profile or DM me for details.

  17. Anonymous users2024-01-26

    The general principle is: the pre-marital property (subject to the time of registration) is personal to the individual; There is no special agreement on marital property, it is the joint property of the husband and wife, and in principle, it is divided equally; If the child is under the age of two, the mother shall live in principle, and the other party shall bear part or all of the child's maintenance expenses, and the child shall be paid until the child lives independently (generally until the child is 18 years old, studying until he or she graduates from high school), and the standard of child support is 20%-30% of his fixed income, and if there is no fixed income, he shall be paid according to 20%-30% of the local per capita consumption level, and the childcare fee for raising more than two children shall not exceed 50% of his income. Property gifted for marriage does not need to be returned because the purpose of the marriage has been fulfilled and it causes hardship to the other party.

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