How to Handle My Divorce 5, How to Handle My Divorce

First of all, I suggest that you spend some money to hire a lawyer, of course I am not, I can only provide some personal experience According to your situation, the child must choose 1 of 2, because the other party also has custody of the child, after the court awards the divorce, unless the two parties have a special situation (such as the other party has too many bad diseases, good gambling and drug abuse, etc.), generally the child is equally divided, in this case, you must first choose to have a daughter and a son, of course, in the process you can also try to fight for 2 children to yourself, after all, the child is raised in the grandmother's house, The court will consider awarding the child to you according to the circumstances of both parties (I personally recommend that you have a son, because if the man ends up having a daughter, he may not be willing to ask for it, you can also agree with him to come and raise him).

Secondly, first weigh your own property and his property a little more, if you have more, you can provide the court with evidence that the other party has not fulfilled the responsibility of supporting the child, such as asking the other party to provide remittance documents, etc., because the other party has not fulfilled the father's responsibility, he cannot divide your property, but you cannot divide his, you can only apply to the other party to compensate for the child's maintenance expenses

Remember, if you want to have children and don't want to suffer, it's best not to care about money, find a lawyer to talk to him well, and it's not you who will suffer, but you have to be mentally prepared The pressure is relatively high

The conditions for the upbringing of a child by both parents are basically the same, and both parents require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

Property is divided equally after marriage You can also divide his property.

You can add friends.

It is recommended that you actively prepare a written defense against the facts and the law to refute the opponent's arguments and reasons. When necessary, a lawyer may be retained to assist.

There are two ways for a husband and wife to divorce: 1. Divorce by agreement, where both the man and the woman reach an agreement through consultation, go to the marriage registration authority where one of the parties has a permanent residence to register the divorce. The marriage 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; 2. In the case of divorce by litigation, if one of the husband and wife requests a divorce, and the other party does not agree or has objections to the division of property and child custody, he or she can directly file a divorce lawsuit with the people's court.

[Legal basis].

Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

First, the divorce procedure by agreement: 1. Both parties should first apply for divorce registration in person at the marriage registration authority where one party's household registration is located. 2. The marriage registration authority will review and issue a divorce certificate if it is passed. 3. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

Second, litigation divorce procedures: 1. Write a divorce complaint by yourself or hire a lawyer. 2. Prepare the evidence required for litigation and divorce.

3. Submit the divorce complaint and evidence to the court with jurisdiction. 4. The court decides whether to accept the divorce lawsuit. 5. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time.

6. The parties participate in the trial and wait for the court trial. 7. The court makes a judgment granting or not granting divorce.

There are two ways to divorce, one is divorce by agreement, that is, both men and women go to the civil affairs bureau to go through the divorce formalities together, and the other is litigation divorce, that is, one party sues the court for divorce. To go to the Civil Affairs Bureau for divorce requires complete procedures, including ID cards, household registers, marriage certificates, divorce agreements in triplicate, and two two-inch recent half-length bareheaded color singles within three months, both men and women go to the Civil Affairs Bureau to handle it, and the divorce agreement needs to be signed in front of the staff of the Civil Affairs Bureau.

After the implementation of the Civil Code of the People's Republic of China, after the husband and wife reach an agreement to divorce, they should first submit an application for divorce registration to the Yunyin registration authority, and only after the application is submitted 30 days can both parties apply to the marriage registration authority for the issuance of a divorce certificate. It is equivalent to adding a time limit of 30 days for filing an application for divorce registration and before the divorce is registered.

Legal basis: Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she 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.

Summary. Hello dear! If the husband and wife voluntarily divorce and reach an agreement, both parties will go to the marriage registration office to go through the divorce formalities in person; If the other party does not agree to the divorce, he can directly file a lawsuit for divorce with the people's court.

Hello Dear Conghan! If the husband and wife voluntarily divorce and reach an agreement, both parties will go to the marriage registration office to go through the divorce procedures in person; If the other party does not agree to the divorce, he can directly file a lawsuit for divorce with the people's court.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the 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 abuse that they have repeatedly refused.

Dear, have you negotiated here?

Does the other party agree?

Agree. Let me wait for her to have time.

Dear, the suggestion is to negotiate a divorce with the other party, just bring your documents to the Civil Affairs Bureau to handle it, this is also the fastest procedure, she doesn't answer ** and doesn't reply to messages.

Dear, are you separating from each other?

Separated. Dear, does the other party have a clear time for divorce?

No. I suggest that if you are in a hurry, you can consider suing for divorce, let the court contact the parties to respond to the lawsuit, and suing for divorce will definitely be able to leave, but it will take a little longer, do you want to go to the factory in person?

Dear, this is wanted, dear, generally you only need to provide the other party's personal information, and the court will pass it to the other party and ask the other party to respond to the lawsuit.

Summary. The procedures for divorce by litigation are as follows: 1. Filing an application for litigation; 2. After the case is filed, the case filing tribunal will issue a notice of case filing, pay the litigation fee based on the case filing notice, and the court will formally accept the case; 3. The trial shall be conducted by the civil court; 4. After accepting the case, issue a summons to the other party; 5. Mediation by the court; 6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

I want to get a divorce, what should I do?

Hello dear, there are currently two ways to divorce: 1. Divorce by agreement. Both parties reach a consensus, draw up a divorce agreement, register with the Civil Affairs Bureau, and pass the 30-day divorce cooling-off period, and then you can get a divorce; 2. Divorce by litigation.

If a lawsuit is filed with the people's court, if the relationship has indeed broken down and mediation fails, the divorce shall be granted.

I want to file for divorce.

Dear, why do you want to get a divorce?

Emotional discord. Is it because the other party has a habit such as gambling or is it just a discord?

If it's just emotional discord, the first trial may not pass.

He also agreed, but the family did not agree that there was no household registration book, so he wanted to file for divorce.

The procedures for divorce by litigation are as follows: 1. Filing an application for litigation; 2. After the case is filed, the case filing tribunal will issue a notice of case filing, pay the litigation fee based on the case filing notice, and the court will formally accept the case; 3. The trial shall be conducted by the civil court; 4. After accepting the case, issue a summons to the other party; 5. Mediation by the court; 6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

So how can you get a divorce?

If both parties agree, the divorce can be granted in the first instance.

So what do I need to do.

The fastest way is to go to the Civil Affairs Bureau to agree on a divorce, and you need to bring your ID card, household registration book, marriage certificate, and divorce agreement.

I really can't go to the court to sue for divorce.

Pro, the procedure for litigation divorce is to file the case, accept it, ** and make a judgment.

Divorce is divided into unagreed divorce and litigated divorce.

Divorce by mutual agreementIt is necessary for both parties to reach an agreement on whether to divorce, child custody, property division, etc., form a paper divorce agreement, and bring the original household registration book, original ID card, and original marriage certificate of both parties to the civil affairs bureau where either party is registered to go through the formalities;

Divorce by lawsuit, you need to bring the complaint, the original and 2 copies of the ID card, the original and 2 copies of the marriage certificate, the other party's residence certificate or household registration certificate to the other party's habitual residence or household registration to sue in the court, and pay the legal fee before the date specified by the court, after paying the legal fee, you can wait patiently, as long as the judge determines that your relationship has broken down after the trial, the divorce will be decided.

[Legal basis].

Article 31 of the Marriage Law of the People's Republic of China

If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 10 of the Marriage Registration Regulations

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Marriage Law of the People's Republic of China.

Regulations on the Administration of Marriage Registration.

If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is registered. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate

Data Extensions

The procedures to be followed in the Civil Affairs Bureau for the handling of divorce certificates are mainly as follows:

1. Both parties submit a written application for divorce and present their documents.

2. The two parties reach a written agreement on the disposal of family property, child support, parental support, creditor's rights, debts and other issues.

3. Fill in the Declaration of Application for Divorce Registration and the Divorce Agreement.

4. Fill in the application for divorce registration and the marriage registration certificate processing form, and the registration authority will review it.

5. Obtain the "Divorce Certificate".

There are generally 7 conditions required for the application of a divorce certificate

1. Both parties are legally registered husband and wife.

2. The divorce of both parties is completely voluntary.

3. Both parties have full capacity for civil conduct.

4. The parties reach an agreement on matters such as child support, property and debt disposal.

5. The household registration of one or both parties is the permanent residence of XX Street or XX Street.

6. Both parties must apply to the marriage registration authority at the same time, and shall not entrust others**.

7. The original documents provided by the parties must be legal, complete, true and valid.

Hello, the specific process is as follows:

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) To apply for 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 does not wish 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.