How are the circumstances of divorce regulated by law?

1. Agreement. When both the property and the child can be negotiated.

2. If the negotiation fails, one party must apply to the court. In this case, each party needs to prepare evidence in their favor so that they can fight for more property and custody of the child.

In particular, it is necessary to actively provide yourself with more suitable children, including income stability, housing stability, education level, etc.

The question is broad. If the childless party agrees to the divorce that the other party does not agree to, if it cannot be proved that the relationship between the husband and wife has broken down, then the court will not support the divorce, if you really want to divorce, you can only insist on separation for two years, be sexless, and insist on suing multiple times. When a couple with children divorces, the child under the age of 3 follows the mother in principle, and some courts stipulate that the child under the age of 5 follows the mother, and the child over the age of 3 chooses who to follow, and at the same time, for the child raised by the grandparents or maternal grandparents, it is generally awarded to the party who has been raising it, anyway, the center is to ensure that the child's growth environment is conducive to the healthy growth of the child.

1. If you have no children and do not follow the negotiation, you can directly sue the court for divorce, but unless there is sufficient evidence, the divorce will not be decided in the first instance.

2. The child is born under the age of two years with the mother, unless the mother has a serious illness or does not fulfill the obligation to support her; Consideration will be given to people over the age of two according to the actual situation of both parties; If you are over 10 years old, you need to ask for your child's opinion.

3. The divorce process is generally divided into divorce by agreement and divorce by lawsuit, and the legal provisions can be found in the Marriage Law and the corresponding judicial interpretations 123.

1. If the agreement is not reached, you can sue for divorce in the court. The verdict is based on whether the relationship between the husband and wife has broken down.

2. If there is a divorce with children, it depends on the age of the children, the financial situation of both parents, and the fault situation.

Legal Analysis: A man and a woman who divorce by mutual agreement must have legal husband and wife status. Divorce is the dissolution of the marital relationship between the parties to the marital relationship, therefore, the parties to the divorce by mutual agreement must have a legal husband and wife relationship.

The relevant provisions on divorce by mutual agreement do not apply to the dissolution of illegal cohabitation by parties who do not have the legal status of husband and wife. If there is no "Marriage Certificate" or "Certificate of Relationship between Husband and Wife", indicating that they do not have a legal marital relationship, they cannot confirm their identity as husband and wife, and they cannot go through the divorce formalities. In principle, de facto marriages or illegal cohabitation without marriage registration should not be dissolved in accordance with the procedures for registered divorce.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

1. What is divorce? What is Divorce? Divorce, also known as the dissolution of marriage, is a legal act of dissolving the marital relationship during the existence of the parties to the marriage relationship, and it is a legal means to terminate the marital relationship.

2. What is the law on divorce? What are the divorce laws? Divorce has the following legal characteristics:

(a) Divorce must be premised on the existence of a valid marital relationship. Divorce can only take place during a valid marriage. (2) Li Henan's request can only be made by the party himself, and he must not **.

Because the identity legal act involving the vital interests of the parties in the case of divorce must reflect the true will of the parties. (3) Formal legal acts at the time of divorce. A formal legal act refers to an act that can only be established in the form required by law.

Because of the significant impact of divorce, the law must impose restrictions on the act of divorce, including restrictions on the substantive conditions of divorce and restrictions on procedural conditions. 3. What are the requirements for registering a divorce? What are the requirements to register a divorce?

The following conditions must be met: (1) The parties are eligible. First of all, the parties must all be persons with full capacity for civil conduct, and if one party is a mentally ill person with no or limited capacity for civil conduct, the procedure for registering a divorce cannot be applied, but can only be handled according to the procedure of divorce by litigation.

Second, both parties must register a legal marriage in Chinese mainland. Illegal cohabitation, de facto marriages without marriage registration, or marital relationships that are not registered in Chinese mainland cannot be dissolved by way of registered divorce. (ii) The parties must have a genuine agreement to divorce.

3) After the divorce, both parties reach an agreement on child support and property division. (4) The content of the divorce agreement must be legal. Only legally protected marriages can be registered for divorce.

After illegal cohabitation or de facto marriage, one of the parties has limited civil capacity, and the person cannot go to the marriage registration office to register the divorce.

A legal act in which the husband and wife dissolve the marriage relationship and terminate the rights and obligations of the husband and wife by agreement or litigation.

The relationship has indeed broken down" is a substantive requirement and a legal condition for granting a divorce. "Failure of mediation" is a procedural provision and cannot be regarded as a statutory condition for a divorce. Mediation should be carried out in the trial of divorce cases, and many cases in which mediation is ineffective are cases where the relationship has indeed broken down, and in this sense, "mediation is ineffective" is a reflection of "the relationship has indeed broken down".

In some divorce cases, although "mediation is ineffective", it is not "the relationship between the husband and wife has indeed broken down". In mediation work, there are often differences between focus and ineffectiveness, in-depth and in-depth, etc., which directly affect the mediation effect. Years of civil trial practice have shown that the meanings of "mediation failure" and "relationship has indeed broken down" are not exactly the same, and "mediation failure" is not the same as "relationship has indeed broken down".

Therefore, "ineffective mediation" should not be used as a basis for determining that "the relationship has indeed broken down". In trial practice, it is not necessary to completely equate "the relationship has indeed broken down" with "mediation has failed". Nor should "mediation fail" simply be used as a sign that "feelings have indeed broken down".

Don't even use "ineffective mediation" as a legal condition for deciding a divorce. The legal condition for a divorce is only that "the relationship has broken down".

To register a divorce, the husband and wife can go to the marriage registration office to register the divorce if they reach a consensus through consultation. The content of the consensus should be reflected in the divorce agreement, including but not limited to the following: expression of intent to divorce, ownership of custody, payment of alimony, division of property, etc.

In litigation divorce, the husband and wife cannot reach an agreement through negotiation, so they can only go to the court to sue for divorce, and the court will decide whether to grant the divorce, and at the same time will decide on issues such as the ownership of custody, the payment of alimony, the division of property, and the ownership of creditor's rights and debts.