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Then don't leave. Think about it clearly, not to mention your job and your daughter, you have to think clearly about why you want to divorce, is your life unsatisfactory? Dry as a chip? Or do you think you don't like the other person's personality?
It's not clear why you want a divorce, so it's hard to say much.
I only hope you think about it carefully, if it is not something that cannot be saved, it is recommended not to divorce, you have only been married for a short time, it may be that two people get along with contradictions, but many people will regret divorce, because no matter who it is, there is no absolutely suitable couple, any two people get along day and night will produce friction, you should learn to understand and understand each other, otherwise even if you divorce and find another one, you will encounter the same problem.
If the problem can be solved, don't leave, what can't you get by, everyone takes a step back, and now they are all a family.
If you really want to leave, then work on your own, there is nothing to say, a woman should have basic financial ability.
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Child support is actually quite a complex issue, depending on the conditions of the child's living environment, parental support, etc., if possible, you can interview a lawyer before the lawsuit to develop appropriate strategies to try to meet your requirements.
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The one on the first floor has already said what I want to say. Put the idea of divorce down and get a job first.
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So what were you thinking at the time?
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You can agree with the other party to obtain child custody after the divorce, and if you can't reach an agreement, you can sue to settle it, and the Supreme People's Court issued a notice on the "Several Specific Opinions on the People's Court's Handling of Child Support Issues in Divorce Cases".
1. 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:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;
3) The child is unable to live with the mother due to other reasons.
2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;
3) There are no other children, and the other party has other children;
4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
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Hello, there are two types of divorce: divorce by agreement and divorce by litigation.
The first is divorce by mutual agreement. This type of divorce requires both spouses to agree to the divorce and agree on child support and property division. You need to go to the Marriage Registration Office of the Civil Affairs Bureau to go through the divorce procedures, and you can go to the same day to handle it.
When going to divorce by agreement, you need to bring the ID cards, household registration books, and marriage certificates of both parties, all of which are originals. Some localities are unreasonable and even require family planning departments to issue family planning certificates.
The second is divorce by litigation. In the case of litigation divorce, if the defendant cannot be found, the relevant legal documents may be served by public announcement, and the defendant does not appear in court, and the court's trial in absentia does not affect the judgment.
If one party does not agree to the divorce, the other party can sue the court for a divorce.
If there is evidence of any of the circumstances under article 32, paragraph 3 of the Marriage Act, the court shall grant a divorce.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
The restrictions on divorce are as follows:
Article 33 of the Marriage Law The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault.
Article 34: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.
As long as there is evidence to prove the circumstances of Article 32 of the Marriage Law, and there are no circumstances restricting divorce as provided for in Article 1 of the Marriage Law, the court will usually grant the divorce. If there is no evidence of the circumstances of Article 32 of the Marriage Act, a divorce will not normally be granted.
However, article 124 of the "Civil Procedure Law" provides that the people's courts shall handle the following lawsuits in separate circumstances: (7) In cases where a judgment does not allow a divorce and a divorce is reconciled through mediation, or where there are no new circumstances or new reasons for the judgment or mediation to maintain the adoption relationship, and the plaintiff files a lawsuit again within six months, it shall not be accepted.
As the saying goes, there is no such thing as an inseparable marriage. According to article 124 of the Civil Procedure Law, if the first lawsuit is filed and the court decides that the divorce is not granted or the plaintiff withdraws the lawsuit through mediation, the court will not accept the lawsuit within six months. However, after six months, you can sue for divorce again, and sue for divorce for the second time, and in practice, the court will usually grant a divorce.
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Paragraphs 2 and 3 of Article 36 of the Marriage Law provide:"After divorce, parents still have the right and obligation to raise and educate their children"。"In principle, breastfeeding children shall be raised with their breastfeeding mothers.
The following factors should be taken into account when dealing with the direct custody of children after divorce: First, children under the age of two years are, in principle, raised by nursing mothers. Second, for children over the age of two, the custodial party shall be determined in accordance with the principle of safeguarding the best interests of the child.
Thirdly, in the event of a dispute between the parents over the age of 10 over over the existence of a minor child living with the father and the mother, the child's opinion shall be taken into account. Article 37 of the Marriage Act provides:"After the divorce, if the scumbag holds the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount of expenses 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.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. "
In view of the fact that the child is only more than six months old and less than two years old, in principle, it is raised by a nursing mother.
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But I haven't thought about it, if your husband and wife don't have a good relationship, what the children see is that their parents are always not together or some children are thinking about whether I am not well-behaved, so Mom and Dad, you always say that it is for the sake of the children and for the children, but have you ever thought about the thoughts of the children, if it is really an irretrievable marriage or leave as soon as possible, don't delay the children.
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As far as the Gu family is concerned, your wife is good enough, after a woman gets married, the family conditions are good, who doesn't like to go out shopping and buy things, and make herself beautiful. If the conditions are not good, you can only do your best to take care of this family, let your husband work well, and don't have to worry about the family's troubles. When you talk to her about ideals, think about whether your current family background is not enough for you to have the capital to talk about ideals.
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Ideals are important, and family members at least children are important.
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Communicate well with your wife.
The Marriage Law stipulates that the Marriage Law protects women, and during pregnancy or breastfeeding, as long as the woman does not agree, she cannot be divorced.
If you want to reconcile, you should find a way to do reconciliation work as soon as possible. If you agree to the divorce, because the child is still breastfeeding and is under the age of two, the mother should raise the child and the father should bear the maintenance until the child is 18 years old. The pre-marital property shall be owned separately and the joint property of the husband and wife shall be divided equally. >>>More
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