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Anonymous users2024-02-09The second house belongs to the marital property, which should belong to the husband and wife according to the regulations, but she is divorced because of a third party, you are in a good position and should be able to share more property.
When it comes to child custody, you feel that you are in a disadvantageous position, first of all, you are a freelancer and do not have a stable job, so you must first prove that you have a relatively regular income.
And the third party between you happens to be her advantage, if they get married, so that they form a stable family, which is relatively beneficial to the growth of the children, so she has this advantage. It is advisable to impress the judge by taking your parents to prove that your child can be cared for by his parents and that he can also be given a warm home.
Finally, of course, you must hire a professional lawyer to fight for your legal rights. Good luck!
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Anonymous users2024-02-08In your case, you can take custody of the child and get most of the joint property, but you will need to prove that she is at fault of a third party, and if it is proved that she is at fault, the court will generally support you; Divorce by mutual agreement has a certain amount of time to retain rights; That is to say, if the other party is dissatisfied with the distribution of the agreement within the time limit, it can also be proved that there was insanity, mental problems and the distribution of the agreement is seriously unfair, and the court will have the right to overturn the agreement and re-albine; Generally not supported;
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Anonymous users2024-02-07It is best to negotiate a settlement, and the agreement reached by both parties in the event of a divorce by mutual agreement should be written and fair, so that it will have legal effect.
If it cannot be resolved through negotiation, the only way to do so is to use the law, and the court will make a fair judgment. However, it is necessary to consult a lawyer in advance and gather strong evidence under the guidance of a lawyer, so as to win.
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Anonymous users2024-02-06If she has an extramarital affair, she should belong to the party at fault, and the party who is not at fault at the time of divorce can share more property. If you are afraid that she will regret the agreement after signing it, you can go to the notary office to notarize. It is best to consult with your local law firm, which is the safest way to go.
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Anonymous users2024-02-05Alas, you must have a headache. I look at it all with a headache and feel sorry for you. You should go to the lawyer's office for consultation, it is more professional.
What answer can you get on this? Either search for a lawyer's office or something, there are professional lawyers' questions in it, you go there and consult.
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Anonymous users2024-02-04I know why your wife is cheating on you, and at the risk of losing your children and property
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Anonymous users2024-02-03Pick up the legal**.
The law is about justice.
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Anonymous users2024-02-02If you want your child to have a house, have you really loved her?
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Anonymous users2024-02-01Getting married and getting divorced is not easy.
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Anonymous users2024-01-31Legal Analysis: 1 After the divorce, if the other party is not at home, taking back what belongs to you is a burglary, and the other party can call the police, and you have to bear the legal consequences, because after all, you are no longer a family.
2 It is best to discuss with the other party to retrieve your belongings, and agree on a time and place to retrieve them.
3 If the other person does not have time, you can ask the other party to find a trusted friend who will accompany you to retrieve your belongings.
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.
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Anonymous users2024-01-30If you can't get your personal belongings back after a divorce, you can call the police. According to the relevant laws and regulations, one party's special daily necessities and personal belongings belong to the property of a sedan chair person, and the other party has no right to take possession, if the other party does not comply with the agreement and refuses to return it, it is recommended to report to the police or litigate to protect rights, and pay attention to collecting relevant evidence to prove that the items belong to personal personal belongings. According to 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 pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.
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Anonymous users2024-01-29Article 1092 of the Civil Code: Where one of the husband and wife conceals, transfers, or sells the property of the husband and wife, destroys or damages the joint property of the husband and wife, or the person who forges the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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Anonymous users2024-01-28Summary. Dear, hello, about your question [Can you get your things back after 3 years of divorce] I am happy to answer <> for you
It's okay to kiss. Couples can get their things back after divorce. In the event of a divorce, it is necessary to divide the joint property, and you can take away your own belongings and property.
Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation. According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. Dear, the above is the answer I made for you, I hope it will help you<>
After 3 years of divorce, you can still get your things back.
Dear, hello, about your question [I can still take my things back after 3 years of divorce] I am happy to answer <> for you
It's okay to kiss. After the divorce of the husband and wife, the fortune of Qi Fu can get back his things. In the event of a divorce, it is necessary to divide the joint property, and you can take away your own belongings and property.
Divorce refers to the legal act of dissolving the marital relationship between the husband and wife by agreement or litigation, and terminating the rights and obligations of the husband and wife. According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. Dear, the above is the answer I made for you, I hope it will help you<>
Dear, the following is a related extension that I hope can help you <>
Regardless of whether the purpose of divorce is achieved through mutual agreement or by sue for divorce, the divorce agreement or the judgment of the Sendanxian Court must be complied with. Both husband and wife have the right to get their belongings back, and if one of them obstructs, the other party can continue to file a complaint with the court, and the court will enforce it according to the circumstances. <>
Based on your writings, now your question is as follows:
1. Divorce agreement template (sample). >>>More
If you don't say it today, you will say the same tomorrow, it's just a matter of time. For what to do now, it depends on what your choice is, whether you choose to divorce decisively, or you don't want to divorce, if you really don't have feelings, you don't need to consider too many factors, because even if you are reluctant, it will still come to a breakdown, if you don't want to divorce, then you should correctly solve your differences and problems.
This kind of man is easy to do extreme things, so find an opportunity to secretly record his threats to you, as long as there is evidence, call the police immediately.
It seems that his desire for children and your inability to have children have caused a contradiction, first of all, he must be a very traditional man, the idea of inheritance and the reality of marriage make him contradictory and painful, but he does love you, so he did not divorce you, but with you and the outside world put a lot of pressure on him, so he is depressed, so when he is angry, he will release this depression, and you, now because of this contradiction, have begun to be depressed, and feel that seeing the husband he loves is unhappy for this, and he is also psychologically sad, Both of you have gotten into a dead end, at least he can still be angry with you, to vent this emotion, but you don't, so if you don't deal with it as soon as possible, you will soon have problems, in fact, there is no need to take whether you have children or not so seriously, maybe as a man, I am more avant-garde, in my opinion, I personally prefer the Dink, maybe you will say that this is an immature idea, then I want to ask, why do you have to have children to get married? Breed your own offspring? If this is explained, I don't think my own breed is very good, it doesn't matter; Pinning your hopes on the next generation? >>>More
The law stipulates that if one of the spouses has been away from the place of residence for more than 1 year, and one party sues for divorce, and the defendant has no regular residence, the people's court of the place where the plaintiff lives at the time of filing the lawsuit has jurisdiction, and at the same time, it is recommended that your girl friend ask the other party to sue first in some way, so that the defendant's wife law stipulates that if the defendant is a citizen, the people's court of the defendant's habitual residence has jurisdiction - both methods may help your friend to carry out divorce proceedings in Shandong. >>>More