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1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
2. About child support and child support.
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.
3. On the division of common property.
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. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.
Marriage is a major event, and you need to be cautious about divorce!!
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Tianjin Lawyer Li (Professional Divorce Lawyer):
A lawsuit can be filed directly. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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Collect evidence of gambling, domestic violence. Then go to court and sue for divorce
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Go to court and sue for divorce.
Hey, there are fewer people who don't gamble now. I'm also a person who hates gambling, but I married someone who likes gambling. That's fate.
Find a mobile phone that can record audio and video.
In addition, a neighbor's confession may be used as evidence.
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Negotiate first, and if he does not agree, collect evidence and take legal measures.
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After two years of separation, they divorced directly.
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Divorce can be divorced by mutual agreement or litigation. The former needs to bring the divorce agreement, the original household registration book, the original ID card, and the original marriage certificate of both parties to the civil affairs bureau where either party is registered to go through the formalities. The latter brings the relevant documents to the court of the other party's habitual residence or household registration to file a lawsuit, and the court will hear and confirm whether the relationship has broken down.
[Legal basis].Article 1076 of the Civil Code of the People's Republic of China.
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 office.
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.
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See below for divorce methods:
There are generally two situations in which a husband and wife divorce, one is a voluntary divorce between a man and a woman, and the other is when one of the spouses requests a divorce. If both husband and wife agree to divorce, they can go directly to the marriage registration office to register the divorce, if the man and woman unilaterally request a divorce but the other party does not agree, or if both parties agree to divorce but cannot reach an agreement on child support or division of family property, they may file a divorce lawsuit with the people's court and divorce through litigation procedures.
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Hello, there are two ways to divorce, divorce by agreement and divorce by lawsuit. Divorce by agreement refers to the fact that both parties go to the Civil Affairs Bureau to register the divorce, and litigation divorce refers to the fact that both parties go to the court and the court issues a mediation and judgment for divorce. Divorce by litigation will only be granted if the court finds that the husband and wife have "truly broken down" after a trial.
If necessary, you can communicate the specific situation of Lu Shichang, and the family lawyer will provide you with professional legal services.
Article 1076 of the Civil Code: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for divorce registration.
Article 1079: If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
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If you really don't want to get over it, then go and sue for divorce.
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In the case of divorce, the parties can negotiate, and if the negotiation fails, they can file a lawsuit. 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.
Marriage Law: Article 31 Where 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 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted. 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.
Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where 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.
Article 35: After divorce, where both a man and a woman voluntarily resume their relationship as husband and wife, they must go to the marriage registration office to register their remarriage.
Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.
After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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