How can a divorce go smoothly? How can I get a divorce smoothly

According to Article 17 of the Marriage Law and Articles 11 and 14 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, the joint property of husband and wife includes:

1) Wages and bonuses;

2) the income from production and operation;

3) Income from intellectual property rights: refers to the income from property actually obtained or expressly available during the existence of the marital relationship.

4) Property acquired by inheritance or gift; This does not include gifts or bequests that are expressly attributable to only one of the spouses.

5) the income obtained by one party from the investment of personal property;

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

7) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

8) Where one-time expenses such as demobilization allowances and self-employment expenses are paid to military personnel, the number of years of marital relationship between the husband and wife is multiplied by the annual average, and the amount obtained is the joint property of the husband and wife.

9) Other property that shall be jointly owned.

Therefore, in this case, your mother's savings should be the joint property of the husband and wife, unless your parents have a special agreement. In the event of a divorce, the court will divide the savings equally. Of course, there are other exceptions.

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Legal Analysis: Ways to Succeed in Divorce:

First, divorce by agreement, both parties reach an agreement, sign a divorce agreement, and jointly go to the marriage registration authority for divorce registration;

Second, to file for divorce, collect evidence to prove the breakdown of the relationship between the husband and wife, and go to the people's court to file a divorce lawsuit.

Legal basis: "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' intention to divorce voluntarily and the opinions reached through consultation 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.

If the husband and wife want to divorce smoothly, both parties can agree to divorce.

According to the laws of our country, if the 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.

If the divorce by mutual agreement fails, you can only go to the court to file for divorce. In the case of divorce by litigation, it is necessary to present evidence that the relationship between the husband and wife has broken down.

Legal basis] Article 1076 of the Civil Code, if the 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.