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According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income.
The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.
Advice: Marriage is a big deal, and you must be cautious about getting married!
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How do you usually get in touch? **?Or something else? Try to let your child communicate with her, but it's best not to tell your child about these things. After all, children always miss their mothers. Maybe she hears the child's voice and makes a difference.
Or simply go to her, bring the children, and talk face-to-face, after all, they have been a couple for 10 years (or more).
Worst-case scenario: If she can really leave the relationship between the child and you, there is nothing to be nostalgic for. What do you say?
Having said that, it's best if she can come back, and I wish you all happiness.
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Let go ruthlessly, if she still has a conscience, she will come back to you to admit her mistakes, if she doesn't come back, it means that she has no feelings for you at all, so even if they are together, they are just shells, what's the point. You should live a good life with your child and show her how to live.
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The one who loses his mind will only think of your goodness when she is hurt. If you can really wait until that time, then it seems that you really love him.
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Don't leave him, take her off, what kind of person is.
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You're really good-tempered, what's wrong with the green turtle being addicted?
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The process of divorce in two places is as follows:
1. In the case of divorce by agreement, both parties shall go to the marriage registration authority for divorce registration after signing a written divorce agreement;
2. If it is a divorce by litigation, a lawsuit shall be filed directly with the people's court, and if the divorce is granted by a judgment, the judgment shall take effect and the marriage relationship shall be dissolved.
The property acquired after marriage that is managed and used by the husband and wife separately in two places shall be found to be: In principle, the joint property of husband and wife shall be divided equally. According to the actual needs of production and life and the actual situation of property, the specific treatment can also be different.
In the case of husband and wife living in two separate places, when dividing the property, the property managed and used separately by each of them shall belong to each of them. If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.
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 obtained by inheritance or gift, except for property 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 the husband and wife includes the income from labor and other lawful income, donated property, inherited property, etc., obtained by both spouses or one of the spouses during the existence of the marital relationship. The subject of the joint property of the husband and wife is the husband and wife who have a marital relationship, and the male and female sexes who have not formed a marital relationship, such as unmarried cohabitation, cohabitation outside marriage, etc., as well as the husband and woman who have invalidated or annulled their marriage, cannot become the subject of the joint property of the husband and wife.
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, either party who is unwilling to divorce 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.
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First, determine which court to go to to sue for divorce. If one of the spouses sues for divorce, it is permissible to sue for divorce in the court of the other spouse's place of domicile or to the court of the other spouse's habitual residence.
Second, to sue for divorce, you need to prepare the following materials: a copy of your ID card, a copy of your marriage certificate, a copy of the other party's ID card, three copies of the civil complaint, and bring your original ID card and marriage certificate for the judge of the case filing division to check.
Third, after the court files the case, it may give you a notice of acceptance on the spot, or it may give you a notice of acceptance within seven days. The court will notify you to present evidence. When you do this, you will need to prove that you have been living in a long-term separation.
According to article 32 of the Marriage Law, a long-term separation of more than two years is a legal circumstance for a divorce. If the other party does not agree to the divorce, you will not be able to gather evidence of a long-term separation for two years, and the court may not grant a divorce. So the evidence is important to you.
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Hello, 1. Principle and Exception to the Principle of Divorce Cases Not Being Tried in Absentia (1) Principle: Cannot be tried in absentia.
Paragraph 1 of Article 62 of the Civil Procedure Law stipulates that if there is a litigant in a divorce case, he or she shall still appear in court unless he or she is unable to express his will. The principle that divorce cases generally cannot be tried in absentia has been established. The jurisprudence lies in:
First, divorce cases are cases of dissolution of the relationship between husband and wife, which have their own particularities. The only criterion for deciding a divorce is the breakdown of the relationship between the husband and wife, and it is difficult to prove whether the relationship between the husband and wife has broken down based on the plaintiff's unilateral statement or objective evidence, and it is also difficult to ascertain the joint savings and debts of the family. Second, the irreversibility of divorce judgments.
Article 181 of the Civil Procedure Law stipulates: "A party may not apply for a retrial of a judgment on the dissolution of marriage that has already taken legal effect. "It can be seen that the judgment of a divorce case is clearly different from the judgment of other ordinary civil cases in terms of law, even if the relationship between the husband and wife has not broken down after the judgment takes effect, the marriage relationship has been dissolved, and if the marriage relationship is to be restored, it must be registered with the marriage registration authority in accordance with the legal procedures, otherwise the validity of the divorce judgment cannot be overturned.
2) Exceptions: Three circumstances may be heard in absentia.
First, the second paragraph of Article 62 of the Civil Procedure Law stipulates that if a divorce case is unable to appear in court due to special circumstances, it must submit a written opinion to the people's court. Second, Article 151 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China clearly stipulates: "In cases where one of the spouses is missing, and the other party files a lawsuit with the people's court, and only requests a divorce, but does not apply for a declaration of the disappearance or death of the person whose whereabouts are unknown, the people's court shall accept it and serve the litigation documents on the person whose whereabouts are unknown."
Article 84 of the Civil Procedure Law stipulates that if the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, it shall be served by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served. Where the public notice is served, the reasons and process shall be noted in the case file.
Third, Article 157 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that: "In the divorce proceedings of a person who lacks civil capacity, the statutory ** person of the party shall appear in court, and if the statutory ** person cannot appear in court, the people's court shall make a judgment in accordance with law on the basis of ascertaining the facts." "Except in the above circumstances, default judgments are generally not applicable in other divorce cases.
In the case of a divorce by mutual agreement, both parties must go to the marriage registration office in person to jointly file an application for registered divorce. Divorce is a legal act of major changes in family and marital relations, which involves various rights of the parties to the divorce, and is an important civil legal activity.
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After the Civil Code came into effect, due to the addition of the cooling-off period system for divorce, the procedure for divorce by mutual agreement was changed to:
1) Prepare a divorce settlement. Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts.
2) Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.
3) Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".
4) Review and issuance. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.
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Hello, negotiate first, if necessary, only lawsuits.
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It is possible to sue in domestic courts.
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