Family divorce issues I hope that the lawyer will advise me very much

1. Whoever files for divorce does not affect the request for division of property, 2. Half of the house is for one person, and the party occupying and using the house pays half of the current value of the house to the other party.

If it is a house bought after marriage, then both husband and wife have a share.

Legal analysis: The fees of divorce lawyers are not fixed, and the parties can negotiate with the lawyer to deal with them, and the fee standards are not uniform in various places, and even the fees of each lawyer are different. The amount of attorney's fees is generally related to the amount involved in the division of property and whether it involves the issue of child support.

Taking Hebei Province as an example, the fee standard for divorce cases that do not involve property disputes and child support is generally 2,000, and if property division is involved, the lawyer's fee is determined according to the amount of property division, and the lawyer's fee is charged according to 5 percent for those below 100,000 yuan, 4 percent for those below 500,000 yuan, 3 percent for those below 1 million, and 2 percent for less than 10 million. In Guangdong, lawyers generally charge a minimum of more than 5,000 yuan for divorce cases.

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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.

I often have clients consulting me that two people no longer have a relationship between husband and wife, how can I divorce as soon as possible? 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 firmly disagrees with 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 first lawsuit is filed. So on the whole, the speed of uncontested divorce is the fastest.

Legal basis: Article 31 of the Marriage Law of the People's Republic of China? If both a man and a woman divorce voluntarily, the divorce shall be granted.

Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

If you can't find the woman, according to Article 32, Paragraph 4 of the Marriage Law, "A divorce shall be granted after one party has been declared missing and the other party has filed a divorce proceeding." "Therefore, if one of the husband and wife runs away from home and has not been heard from for two years, and the other party wants to divorce, he or she may declare his or her missing in accordance with the procedures for declaring his or her disappearance, and then file a lawsuit for divorce with the people's court; If the other party has not heard from each other for four years and the other party wants to divorce, they can declare their death in accordance with the death procedure, and the marriage relationship between the two parties will be extinguished.

If the woman can be found, she can go to the court to sue for divorce, and the court can send it to the woman. There are provisions under the Marriage Act. After a period of separation (about two years), one party has the right to sue the court for divorce on this ground.

First of all, you have to make sure that the other party really has no intention of divorcing you.

Then, you have to go to the relevant authorities and issue a certificate. Prove that you are not living together and are separated.

Then, after a period of separation (about two years), you can take the certificate given to you by the relevant authorities.

went to court to sue for divorce.

Divorce by mutual agreement between husband and wife is better than divorce in court.

But be careful not to be fooled by her.

There are a lot of villains who, on the surface, will promise you something or something, but in fact they will drag you on, and a few years will pass. Delayed precious youth.

Divorce is a way to correct your mistakes and improve your life.

People who have ideals and pursuits will have a better life.

I bless you!

Hello, you can take the marriage certificate to the basic court of the defendant's domicile and marriage registration.

You can go directly to the place where the woman's household registration is located to sue for divorce.

Directly to the place where the woman's household registration is located, he filed a lawsuit asking the court to dissolve the relationship between the parties.

I put forward some immature opinions, and I should throw bricks and lead the way:

In this case, a divorce lawsuit should be filed at the place where the marriage is registered. As for service, that's a matter for the courts. It is estimated that it will be delivered to the location of the other party's household registration, or the announcement will be served.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

How long has it been since lost contact. If it is more than 2 years, you can report the disappearance, and then sue, and the court will grant a divorce.

First of all, a digression, don't be rude (for any reason) in the future;

Secondly, if domestic violence has been formed because the two parties have broken the wife's arm because of the quarrel between the two parties, as long as your daughter-in-law has a police report and a medical certificate, which is enough to prove that you committed domestic violence against her, if she insists on divorce, the court will not detect the possibility of mutual agreement between the two parties, and will generally grant a divorce;

If the woman's parents exert pressure on you with other social relationships (such as work), it is a family relationship, and the law does not control it, and it is up to you to decide whether the job will be lost because of your divorce, it also depends on how you explain it to the employer, what is the system of the unit, etc., but generally it will not affect the work because of the family relationship;

Finally, as for whether to sentence, if the arm is broken and recovers well, and your daughter-in-law did not go to the forensic examination (probably not), there is no question of sentencing, even if the forensic evaluation is a minor injury, it will also consider the relationship between husband and wife and the situation of a moment of anger, and generally will not be sentenced.

It is recommended to actively coordinate the handling, if you really have no financial ability, and you have the desire to divorce, and you feel irretrievable, then sign an agreement, go through the divorce procedures, pay part of the money in advance, and then pay when you have the financial ability.

The girl's divorce is actually very hurtful, and you discounted your arm in anger, more considerate and considerate, 50,000 is not much, it matters.

Whether it constitutes a minor injury also requires a forensic examination. If so, there is a good chance that you will be held criminally responsible. The conflict of the family is still solved by the family. Sympathize with you.

If you do get sentenced, your job will be difficult.

First of all, based on the information you provide, it is difficult to say that it is domestic violence;

Secondly, you are married, and they are suspected of extortion.

Third, it is recommended to negotiate, even if the other party goes to the court to sue, it is only a divorce.

If you have to bear criminal responsibility for the minor injury, it is better not to do anything if there is any problem in the future.