How to divorce and divorce, how to judge divorce in marriage

There is basically no relationship between the ownership of child custody and whether the husband is involved or not. If you divorce by mutual agreement, custody of the child can be negotiated. If you file for divorce, the judge in the custody judgment will generally take a more beneficial view of the child's development.

In the event of a divorce, the breastfeeding child should generally be raised directly by the mother. However, if the mother suffers from an incurable infectious disease or other serious illness or does not fulfill her obligation to support her children, and the father requires the child to live with him, he may live with the man. Priority shall be given to the maintenance of minor children over the age of two in any of the following circumstances:

a, have undergone sterilization or have lost fertility due to other reasons; b. There are no other children, and the other parent has other children; c. The children have lived with them for a long time, and changing the environment is obviously detrimental to the healthy growth of the children; d. Children live with them, which is beneficial to their growth. The conditions for the husband and the woman to raise their children are basically the same, and both parties require the children to live with them, but if the children live alone with their grandparents for many years, and the grandparents request and have the ability to help the children take care of their grandchildren, they may be considered as a priority condition for the children to live with the man or the woman. Minor children over the age of 8 should take into account the opinions of the children.

Legal basis: Article 1 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" 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:

Collection(1) Suffering from incurable infectious diseases or other serious diseases, and children are not suitable to live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

Both parties can divorce by agreement, and they can go to the place where one party's local household registration is located. If you cannot divorce by agreement, you can go to the court to sue for divorce. For specific details, you can consult a divorce lawyer in the legal area through lv ban365.

Legal Analysis: Divorce conditions are divided into litigation divorce conditions and agreement divorce conditions. Conditions for divorce by litigation According to the provisions of the Civil Code, if a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

When a people's court hears a divorce case, it shall conduct mediation and the divorce shall be granted if the relationship has truly broken down and the mediation is ineffective. To sum up, the conditions for divorce by litigation include the breakdown of feelings, domestic violence, gambling and other vices and unrepentance, and separation for more than two years due to emotional discord, and those who meet the above conditions can sue for divorce.

According to the provisions of the Civil Code, the following conditions must be met: First, the man and woman who divorce by agreement must have legal husband and wife status, and live together in the form of cohabitation do not belong to the category of divorce. Second, the parties to a divorce by mutual agreement must be persons with full capacity for civil conduct.

Third, the parties to a divorce by mutual agreement must have an agreement to divorce. The agreement of both parties in divorce is the most important condition for divorce by agreement. Fourth, when divorce by mutual agreement, appropriate and reasonable arrangements must be made for the child's upbringing and education, and a consensus agreement must be reached.

Fifth, when divorce by agreement, the division of the joint property of the husband and wife must be appropriately handled.

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.

Legal analysis: 1. The division of property has nothing to do with the man's entry into the woman's house, because the division of property is only the joint property during the marriage. 2. Whether the man or the woman wants to divorce, it does not matter the division of property.

That is, it doesn't matter who proposes it. 3. The issue of child support can be resolved through negotiation, and if the negotiation fails, the court will make a judgment according to the principle of being conducive to the life and growth of the child. In the case of divorce by agreement, the division of property shall be subject to the negotiation between the two parties, and the law will not interfere; In the case of divorce by litigation, in principle, the income obtained after marriage is regarded as the joint property of the husband and wife, and if the divorce is divorced, half of the property is given to the person before the marriage.

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

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087: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.