What happens if you get divorced? Under what circumstances would you decisively divorce?

If your husband's financial situation is very poor, even if there is a court judgment, he can drag it and not give money Alimony is 500-1000 per month, no more than one-third of your income Unless you have joint property between husband and wife, such as a house and a car, you can divide it in half when you divorce It is recommended to discuss the divorce with your husband by agreement first, don't go to the court, the lawyer's fee is 3000-8000 Give him the child, it is difficult for you to remarry with the child The money given by your parents will not be returned without evidence, If the child divorces you, he can change his surname and visitation rights once a month, but if he doesn't fight for the child, it is estimated that he will not come to you His debts before marriage have nothing to do with you

After the divorce, the child is awarded to which party is conducive to the child's growth, for example, there is an economic condition of one party, and the housing is related, no matter who is awarded, the other party has to give child support, as for the amount, then you discuss it yourself, as for the debt, then it depends on what the debt is used for, if his debt is to buy a house, and other purposes, the house is given to you. Then you have to repay the debt, this aspect is very complicated, and in the end it is an agreed divorce, which really doesn't work, then you sue

In response to your questions, our lawyer provides the following answers:

1) Within the age of two years, the child is generally raised by the woman, and after the age of two years, it depends on the conditions of both parties and the principle judgment is favorable to the child.

2) Child support is generally 20-30 of the other party's income.

3) His pre-marital debts are his personal debts, which have nothing to do with you and you do not have to pay them back.

The child will generally be given to the man, and the child support should be calculated according to the current price and consumption level, and it should be calculated until the child is 18 years old.

I ask for this kind of professionalism, I suggest that you can ask a lawyer, there is a kind of free consultation.

1. How long does it take for a divorce to leave?

1. The time required for divorce is as follows:

1) If both parties agree to divorce, the divorce can be obtained in 31 days at the earliest, and the divorce can be divorced in 60 days at the latest;

2) In the case of divorce by litigation, after the divorce case is filed, if the summary procedure is applied in the first instance, it will take about 3 months to hear and make a judgment;

3) If the ordinary procedure is applied, the judgment will be heard in about 6 months, and of course, if the court notifies the other party and the other party does not accept the summons, the court will also announce the service of the summons, after 60 days, and give the other party about 30 days to reply.

2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations 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 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. If one party is declared missing and the other party initiates a divorce lawsuit, 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.

2. How to go through the divorce prosecution procedure.

There are five points in the divorce proceedings:

1. The party who wants to divorce files a divorce lawsuit with the court where the defendant is domiciled. where the defendant's domicile is inconsistent with his habitual residence, a lawsuit is to be filed in the people's court for his habitual residence;

2. The court that meets the acceptance conditions accepts and files the case;

3. After the case is filed, the court serves the complaint on the defendant, and the defendant replies within the statutory time limit;

4. The court arranges the trial;

5. The court makes a judgment.

Hello, it depends on the divorce method you choose.

Divorce by mutual agreement requires a cooling-off period of 30-60 days.

There is no cooling-off period for litigated divorce, and the length of time varies on a case-by-case basis. Under normal circumstances, the summary procedure should be decided within 3 months of the indictment, and the ordinary procedure should be 6 months at the latest, and if the second instance is involved, the trial period of the second instance is 3 months. In addition, if the court does not grant a divorce for the first time in a divorce case, it will take six months for the plaintiff to sue again in the absence of new circumstances and new reasons.

Therefore, if the defendant does not agree to the divorce case, the lawsuit may take one and a half to two years for divorce, and if it involves audits and assessments, these procedures are not included in the trial time limit, and the time is longer.

If a man is irresponsible to his family, drinks heavily all day long, and does not do his job, I will decisively divorce him.

In the case of emotional betrayal, I will decisively divorce because such a marriage is meaningless.

If there is cold violence or violent behavior in the family, and if there is a junior, I will divorce decisively.

There are several main legal consequences of divorce:

1. The marital relationship between the husband and wife is dissolved;

2. If child support is involved, the right of child custody belongs to one party;

3. The joint property of the husband and wife should be divided, and the joint debts should be borne jointly.

1. Division and liquidation of common property;

2. Financial compensation for divorce;

3. Repayment of joint debts of husband and wife;

4. Financial help for divorce;

5. Divorce damages.

There are three legal consequences for children:

1. Custody. For children under the age of two, the principle of direct custody by the mother is to be followed, and the custody of a child who has reached the age of two is to be decided by agreement between the parents, and if an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child, and where the minor child has reached the age of eight, the child's wishes shall be respected;

2. Child support. Child support includes living expenses, education expenses, and medical expenses;

3. Visitation rights. If the agreement is not reached, the people's court shall make a judgment, and where the judgment or ruling on visitation is refused, the people's court shall enforce it in accordance with law, and the relevant individuals and units that refuse to perform to assist the other party in exercising the right of visitation may take compulsory measures such as detention and fines, but they cannot enforce the child's physical or visitation behavior, and the minor child, the parent who directly raised the child, and other persons and units who refuse to perform the assistance to the other party in exercising the visitation right may take compulsory measures such as detention and fines, but they cannot enforce the child's physical or visitation behavior, and the minor child, the parent who directly raised the child, and others are responsible for the maintenance of the minor child. Legal guardians with educational obligations have the right to submit a request to the people's court to suspend visitation rights.

Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

The consequences of divorce mean the dissolution of the marital relationship between the spouses.

Legal analysisAccording to the relevant laws and regulations, if the divorce of the husband and wife involves child support, the child custody belongs to one party. The joint property of the husband and wife shall be divided and the joint debts shall be borne jointly. Divorce does not affect the relationship between parents and children.

If a minor child lives with one of his parents, but both parents are his guardians, the following shall be determined as to which parent the child lives with: 1. Where both parties have reached an agreement, the agreement shall be followed. 2. If an agreement cannot be reached, the court shall make a judgment that after divorce, the children who are breastfeeding shall be raised with the breastfeeding mother in principle. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

3. The parent who does not live with the child shall pay part or all of the child's necessary living expenses and education expenses. Fourth, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law.

When the reason for the suspension disappears, the right to visit shall be restored. The marital conflicts that you want to avoid cannot be resolved. If the root cause is not solved, it will be presented in the next marriage, even if you don't want to enter the next marriage, it will be presented in daily life.

Because the trauma of intimacy is still there, the defense mechanism is still there, and the cognition in the heart is still there. Divorce does not solve these contradictions, but only avoids them and breaks them. Then those shadows will appear next time.

Divorce traumatizes oneself, traumatizes the other party, traumatizes one's view of marriage, and is also a trauma to one's own life. For the trauma of marriage, you will feel that marriage is so troublesome, there are so many contradictions in marriage, and you still have to divorce in the end of marriage, afraid of love, afraid of marriage. Divorce will think that you are a failure, there is no failure in marriage, there is only a good and bad marriage, and a comfortable and uncomfortable life.

Legal basisArticle 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 agreement between the parties; 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. Article 1090 of the Civil Code of the People's Republic of China In the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance.

The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.