How do you divide these things after a divorce? Solve

1. Prosecution: Litigation in divorce cases refers to a request from one party to the marriage relationship to dissolve the marriage relationship with the other party in accordance with the law. The party to the lawsuit is the plaintiff, and the party being sued is the defendant, and after the lawsuit begins, the parties enjoy the right to litigate and bear the obligation to litigate in accordance with the law; 2. Trial:

After receiving the indictment, the people's FY began the litigation procedure and made all the preparations before the judgment, including the preparation of materials by both parties, the statement of the case, and the exposition of facts and evidence. The trial is divided into three stages: preparation, mediation, and trial; 3. Judgment: According to the circumstances of the trial, mediation shall be conducted again, and the judgment shall be pronounced immediately after the mediation fails, and the people's judgment shall be announced in public.

where the judgment is announced at court, the written judgment shall be served within 10 days; where the judgment is announced periodically, the written judgment is to be issued immediately after the judgment is announced; The first instance proceedings in the divorce case are concluded if....

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

If your wife has something with that male colleague, she will definitely be indifferent to you, if she still cares about you as before, it means that you think too much, and even if she has an affair with that man, it is because you don't care enough about her, right? It is inevitable that there will be a little friction between husband and wife, and those who have children, think about it!

The three things that must go to the woman after the divorce are as follows:

1. The woman's personal compensation. The compensation obtained by the woman because of the accident, the man does not have any right to divide after the divorce;

2. The house bought by the woman's parents after marriage is the woman's personal property, and the man cannot ask for division after the divorce;

3. The property given to the woman in the will, if the elderly in the family has made a clear will to give the property to the woman before his death, this property cannot be divided.

Civil Code of the People's Republic of China

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall 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 party who is not at fault.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. The thousandth and eighth cherry blossom calls eighteen.

If one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

What are the three things that must go to the woman after the divorce:

1. The woman's pre-marital property.

Most women have been working for several years before marriage, and they will have some savings in their hands. Some women will make investments and buy houses, which are all pre-marital assets. However, some women do not understand what marital property is, and when they divorce, they will divide the pre-marital property together.

In fact, the law clearly stipulates that property is not divided before marriage.

2. The woman's personal belongings When getting married, the man gives the woman some things. For example, necklaces, rings, and after marriage, the woman uses her salary to buy a house and a car, as well as expensive jewelry and bags given by the man, are all personal items, and if you get divorced, they also belong to the woman. Nowadays, in order to give their daughters confidence, many parents also give valuable things, just like Xu Fen's parents, who buy houses for their daughters.

And some women can afford to buy real estate for themselves before marriage, which belongs to the woman, and the man has no right to share. However, it is important to note that if the parents accompany the gift after the marriage is registered, it will become the joint property of the husband and wife unless it is stated in advance that it is given to the daughter alone.

3. Insurance compensation for work-related injuries and accidents Nowadays, most women are independent, especially in terms of economy, they are no longer limited to the marriage of husband and child, but have their own jobs. However, some jobs are still very dangerous, such as factories, construction sites, etc., in case of accidents, there will basically be corresponding compensation, which are all obtained by the woman, even if divorced, it has nothing to do with the man.

In fact, no one gets married with a divorce mentality, but it takes both parties to work together to live a life. And life will inevitably have accidents, affecting each other's feelings, in the end they have not paid a lot, but they are deeply hurt by the other party and have nothing.

Laws and Regulations] 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.

Marriage and love are not perfect. Even if we find the one we love the most, we can't be in a state of sweetness and happiness all the time. Sometimes, in marriage and love, we encounter a lot of setbacks and difficulties, such as job loss, intimacy problems, life stress, and so on.

These difficulties will test our endurance and faith, and sometimes even make us question our own decisions and whether the other person can be trusted. However, this does not mean that marriage and love are failures, what we need to do is to solve the problem in a suitable way, try to make ourselves and the other person more mature and strong.

Marriage and love need to be based on mutual respect and trust. In love and marriage, people usually pin all their hopes and dreams on each other, but this is not a healthy state. Our happiness must be built on our own, not dependent on each other.

We need to learn to think for ourselves, to have our own preferences and hobbies, and to give the same space to our partners. Mutual respect and trust are essential in marriage and love, and only in this way can a relationship of mutual understanding and support be established.

Of course, in some cases, divorce and breakup may be our only option. In this case, what we need to remember is that this does not mean that we have failed. We all have our own limits and standards, and if the other person can't meet our needs or changes our relationship to the point where we get in the way, then separation may be the best way to solve the problem.

We can learn a lot from breakups and divorces, and while pain and loss will be inevitable, we can also make ourselves stronger and more mature in this way.

We need to realize that marriage and love are not for our happiness and satisfaction. We have a lot of other things to focus on and pursue, such as careers, friends, hobbies, and so on. We need to learn to balance these different aspects and give ourselves and our families all the love and attention.

In life, love and marriage are just a part of all our rich experiences, and what matters is whether we can learn from these experiences what we need to learn and become better people along the way.

Marriage and love are not perfect, but we should still learn to believe in them. On the basis of mutual respect and trust, we can find long-term support and happiness in marriage and love. Of course, if we need to make the decision to separate, we also need to be strong in the face of this challenge.

It is important that we recognize that marriage and love are just one part of our lives, and that we also need to focus on other aspects of our experiences and pursuits. If we can balance these different aspects, we have the opportunity to become a healthier and more productive individual.

After the divorce, if one party finds that the other party has hidden, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife in an attempt to encroach on the property of the other party; If there is fraud or coercion at the time of entering into a property division agreement, it may be re-divided.

[Legal basis].

Article 1092 of the Civil Code of the People's Republic of China.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Article 70 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

Where the husband and wife repent on the issue of property division after they divorce by mutual agreement and request that the property division agreement be revoked, the people's court shall accept it.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

Legal Analysis: Divorce proceedings are the process that needs to be gone through when a marriage is dissolved. In China, the divorce procedure is divided into the procedure of divorce by agreement and the procedure of divorce by litigation. They are described below:

According to the provisions of the Marriage Law and the Marriage Registration Regulations, both men and women who divorce voluntarily must go to the marriage registration authority to register the divorce. Marriage registration organs are townships, ethnic townships, and township people** in rural areas, and in urban areas, they are sub-district offices and civil affairs departments of municipal districts, or civil affairs departments of people in cities where scumbags are not divided into districts. The procedure is as follows:

1. Application. When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority at the place where one party's household registration is located, with their household registration booklet or household registration certificate, resident identity card, divorce agreement and marriage certificate.

2. Review. The marriage registration authorities conduct a strict examination of the divorce application in accordance with the law, mainly to examine whether the parties are truly willing to divorce, and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses, and the handling of property and debts.

3. Approval. For those who meet the requirements for voluntary divorce as provided for in the Marriage Law, the marriage registration authorities shall approve the registration, issue a divorce certificate, and cancel the marriage certificate. The parties shall dissolve the relationship between the husband and wife from the time the divorce certificate is obtained.

2. Blind litigation and divorce procedures.

In the case of divorce through litigation, the plaintiff needs to file a lawsuit with the people's court at the defendant's domicile (place of household registration) or habitual residence (area where the plaintiff has resided for more than one year outside the place of household registration) and the court shall make a judgment for divorce. For divorce that can be accepted by the marriage registration authority, the parties can also go directly to the court to file a lawsuit, but only one of the two ways can be chosen.

To sue for divorce in court, the parties must first submit a civil complaint to the court, which should clearly state the litigation claims, facts and reasons for the divorce. After the people's court receives the complaint, it shall file the case within 7 days, notify the parties, and serve a copy of the complaint on the defendant within 5 days of filing the case. The defendant filed a reply within 15 days from the date of receipt.

The people's court shall serve a copy of the reply on the plaintiff within 5 days of receiving the reply. Where the defendant does not submit a reply, it does not impact the trial of the case.

After the people's court determines the date, it shall notify the parties 3 days before. In divorce proceedings, the court shall give mediation, and if mediation fails, make a judgment in accordance with law.

Where the people's courts apply the simplified procedures at trial, they shall complete the trial within 3 months from the date on which the case is filed, and where the ordinary procedures are applied, the trial shall be completed within 6 months from the date on which the case is filed.

Legal basis: Marriage Registration Regulations Article 10 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 a permanent residence to register the divorce.

<>< 3 types of divorce are not split.

Many people don't know the difference between divorce by judgment, mediation and divorce by agreement, and they don't know which divorce method they should choose. Today, I would like to talk to you about the differences between these three and the principles of their application.

Judgment of divorce: After the court trial, the court will issue a judgment to dissolve the marriage relationship, handle the maintenance of children, divide the joint property of the husband and wife, and determine the creditor's rights and debts.

Mediated divorce: After the case is filed by the court, the two parties reach an agreement on the above four points, and the court will issue a mediation letter.

Divorce by mutual agreement: Both parties reach an agreement on the issues involved in the divorce and go to the marriage registry office to go through the divorce formalities.