I ve been married for more than a month, because of emotional discord, can we get a divorce, we don

1. On the conditions for divorce.

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.

2. About child support and child support.

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 until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same 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. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.

Marriage is a major event, and you need to be cautious about divorce!!

If both parties agree, a direct divorce is enough, and you can ask a lawyer!!

It seems that you are a flash marriage family, and you are impulsive、、、

I just got married and had this idea、、Then leave it quickly、、It's the same as a flash marriage.、Flash away!!

Don't talk about divorce lightly, whether to talk to a marriage counselor first, so as to reduce some psychological damage.

You've just gotten your license.

I can leave, too.

Without a family living relationship, there is no way to talk about the joint property of the family, and there is no need to divide it.

1) The form of joint family property is premised on the existence of a common living relationship between family members. Without a family living relationship, there is no way to talk about joint family property;

2) The joint family property can only arise between family members with a certain special status relationship;

3) The family members share the ownership of the common property;

4) The formation of common family property is mainly the joint loss and labor income of family members during the period of living together, the late pure property handed over to the family by family members, the property jointly received by family members, and the property purchased and accumulated on this basis.

1. How to distinguish between the joint property of husband and wife and the joint property of family members?

The property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, unless the husband and wife have agreed on the property. If the husband and wife agree with other members of the family that certain property is joint family property, or property acquired jointly on the basis of certain legal facts, it is the joint property of the husband and wife and other family members. Husband and wife have equal rights to dispose of the joint property of the husband and wife, but this is limited to the disposal of the joint property for the needs of daily life, and one of the spouses cannot dispose of the major property without authorization.

When a husband and wife need to divide joint property due to divorce, or need to divide joint property with other family members due to certain legal facts, they should follow the principle of consistency of rights and obligations and the principle of taking care of children and women.

Divorce proceedings involve the division of a family house, and after the court suspends the divorce proceedings, neither the husband nor the family members in the divorce proceedings file a lawsuit to confirm the ownership and division of the house. In such cases, the court may explain to the parties the legal consequences of not prosecuting the division of the house, and seek their opinions on the division of the part of the family house that involves the joint ownership of the husband and wife. If the parties agree not to advocate that the people's court continue to divide the house in the case, the case will be resumed; If the parties insist on separation, the court may limit the time limit for them to file a lawsuit with the court, and if the time limit is overdue, the parties will be informed to handle another case and the divorce proceedings will be resumed.

If a divorce proceeding involves the division of the joint family property, can other family members be added as co-litigants? In the case of the division of a family house, the parties may be informed of the need to file a separate lawsuit or the divorce proceedings may be suspended, and other family members shall not be added as co-litigants in the divorce proceedings.

Legal analysis: First of all, at the time of divorce, if the parties have a legal agreement on marital property, it shall be divided according to the agreement. One party's personal property belongs to him or her and does not participate in the division in the event of divorce; The joint property of husband and wife shall generally be divided equally, and when necessary, it may also be divided unequally; Where there is a dispute, the people's court is to make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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.

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.

How property is distributed without marriage and living together:

Where they lived together before February 1, the two parties are to negotiate and divide it in accordance with the divorce, and if the negotiation fails, the people's court is to make a judgment on the division;

Where they live together after February 1 of the same year, they are to be divided according to common property.

[Legal basis].

Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.

Article 22.

In the case of a marriage that has been confirmed to be invalid or annulled, the property acquired by the parties during the period of cohabitation shall be treated as joint ownership, unless there is evidence to prove that it is owned by one of the parties.

Analysis of the law of law: the division of divorced property is not related to the length of marriage, and the division of divorced property is the division of the joint property between the husband and wife, and the personal property of the husband and wife is not divided. Only the joint property is divided.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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 shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle that the elder brother should take care of the rights and interests of the children, the woman, and the innocent party.

The basic principle of the division of property in the event of divorce is the income of the husband and wife during the existence of the relationship, and they have equal rights to dispose of it; One party's pre-marital property is not divided.

The Marriage Law stipulates that Article 17 The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller 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.

People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.

(1) The joint property of husband and wife shall generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.