Legal knowledge of divorce, legal knowledge of divorce

As long as you receive a marriage certificate, you are a husband and wife protected by law! It has nothing to do with whether or not there is a ceremony!

As long as you don't agree to divorce by agreement! He can only go to court to sue! If he doesn't have tangible evidence that you have been unfaithful or that your relationship has broken down, the court will generally not grant a divorce!

Hello, first of all, you have been legally recognized as a legal couple. From a human point of view, if you think that such a man is not worth cherishing, after you have fully considered the consequences, after making up your mind, leave him. Personally, I think it's better not to leave.

Legally speaking, divorce requires the consent of both parties, as long as he has no evidence and you do not leave, this cannot be divorced. In the end, I hope that you and your husband can settle this matter well, after all, you are not unfaithful, I wish you happiness.

Legal analysis: The legal knowledge of divorce has the following two points: 1. The statutory divorce procedure only includes divorce by agreement and divorce by judgment, and there is no automatic divorce.

A person who has not completed the divorce procedure can no longer live with someone else in the name of the husband and wife, and even if he does not obtain a license, it may constitute the crime of bigamy; 2. Although the agreement on custody, creditor's rights and debts can reflect the free will of both parties, it cannot be in conflict with national laws. The two parties shall reach a written agreement on child custody, property distribution, debt distribution, etc., and submit the divorce procedures to the Civil Affairs Bureau for the record.

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 divorced orange marriage 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: Regardless of who is responsible, the following types of property can only be attributed to the owner:1

The house that the man built on the homestead before the marriage, or the car and house he bought before the marriage. Commands 2The house built by the husband on the homestead before marriage.

3.Parental inheritance. 4.

The issue of dowry. In the following cases, the bride price must be returned, and if the parties have not completed the marriage registration procedures, the parties have gone through the marriage climbing procedures but have not lived together; The prenuptial bride price creates difficulties for the payer.

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 make a judgment on the basis of the specific circumstances of the property and in accordance with the principles of taking care of the children, the woman's uproar, and the rights and interests of 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.