I am planning to divorce now, what should I do? The agreement is not reached

1. Collect evidence of the reason for the divorce on the other side.

2 Prepare the raw materials for the division of various assets (e.g., proof of income, purchase agreement, etc.) 3 Find a lawyer to write a complaint and draft an agreement, and prepare for possible court arguments.

4 Exercise and prepare money to deal with this life-wrenching lawsuit.

5. Find a place where the other person and his acquaintance can't find it.

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 on the spot;

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.

1. You can sue for divorce.

2. "The other party claims compensation for his own reproductive disease" - this demand is excessive and has no legal basis, the marriage law stipulates that only if one party is seriously at fault (bigamy, cohabitation outside marriage, domestic violence, etc.), the other party has the right to claim compensation.

3. If there is no joint property, then it is very simple for you to sue for divorce, and explain your divorce request, reasons, and factual basis to the court.

Separate first, then find a lawyer.

Tianjin Lawyer Li (Professional Divorce Lawyer):

You can hire a professional lawyer to assist you in your litigation. 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.

Legal analysis: The issues to be considered in divorce by agreement are as follows: 1. The accuracy of the identity information of the husband and wife; 2. The reason for the divorce of the husband and wife; 3. Raising minor children; 4. Visitation rights of minor children; 5. The division of the property of the husband and wife in the joint property of the husband and wife.

Legal basis: 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' intention to divorce voluntarily and their opinions on matters such as child support, property, and debt disposition.

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: Zhenmeng.

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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

First of all, the corresponding divorce agreement should be prepared, and then the two people must sign it voluntarily, and secondly, Qiaoling should take the documents of self-elimination and then go to the local civil affairs bureau to handle the divorce. And it must be done when two people are present at the same time.

Yes, so that you can avoid conflicts because of these things, or some twists and turns in the divorce, it is best to write it in advance.

Of course, it is needed, because this is a formal procedure, and you can also write your own thoughts into it, so we must look at this kind of problem rationally in a hail state, which can also bring us a lot of convenient sources of chaos.

<> "Be careful of these 3 points when preparing a divorce agreement.

1. I don't have a clear understanding of the meaning of the divorce agreement, and I do it casually.

Many friends thought that the divorce agreement was for the Civil Affairs Bureau to go through the formalities, and they were greedy for temporary convenience, so they wrote an agreement and submitted it casually under the prompting of the staff of the Civil Affairs Bureau. But as long as it is submitted, the chain boy is equivalent to digging countless holes for himself.

If the civil affairs bureau seals it, the agreement will take effect, and if the agreement is agreed, you must implement it according to the agreement.

Everyone should pay attention: the tips of the staff of the Civil Affairs Bureau are only a guide to the direction, and there is no obligation to guide you on what you should write in the specific content. Think about it, if the staff has the ability to guide you to write an agreement that is comprehensive, specific, and appropriate for you, why don't they become lawyers?

2. The self-drafted agreement has poor operability.

Most couples who want to divorce are not lawyers, and the agreements drafted are superficial and cannot be enforced.

For example: it is agreed that one party will pay XX yuan per month to the other party, but there is no agreement on how to give, when to give, what are the consequences if not given, etc., the content is not refined, these problems that should have been solved at the time of divorce have been delayed after the divorce, obviously two people do not want to have contact, but they have to contact and meet again and again to solve the problem.

Many couples take out loans to buy houses together, and the repayment period is long, and when they want to divorce, the loan is not paid off, how to deal with it?

I had a client who showed me an agreement that he had written: the house was done and the debt went to one party, and the deposit went to the other party. However, there is no agreement on follow-up matters in the agreement, and there will be no problem with such an agreement in the short term.

However, if the names of both parties are written on the real estate certificate, there will be such a situation: after a few years, the mortgage is paid off, one party wants to apply for the real estate certificate, but the other party cannot find anyone or deliberately does not cooperate, the real estate certificate cannot be done, and if you want to go through the legal process, you need to invest a lot of time, and you also need to pay a series of expenses such as lawyer fees and litigation fees.

It's easy to fall in love, but it's hard to stay together! No one wants to go to the step of divorce, and when you really have to go down this path, it is recommended to find a professional lawyer to keep your future life away from disputes.

Legal Analysis: 1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the moment they obtain the divorce certificate.

2. When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management authority: 1. Proof of household registration of both parties; 2. Resident ID cards of both parties;

Divorce by mutual agreement shall be handled at the Civil Affairs Bureau of the place where one party is domiciled. The competent authority for divorce by mutual agreement is the civil affairs department. The specific marriage registration authorities are the civil affairs departments of the people of the municipal districts and cities without districts, and the people of the townships, ethnic townships, and towns in the rural areas.

In the marriage registration office, the person who holds the certificate of the marriage registration administrator is engaged in the registration of divorce by mutual agreement.

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. The divorce agreement shall vaguely and quietly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Questions to consider in a divorce by mutual agreement:

1. Both husband and wife have legal marriage registration;

2. The husband and wife divorce by agreement under equal and voluntary circumstances;

3. Reach an agreement through negotiation;

4. A written divorce agreement has been signed, which specifies matters such as child support, property and debt disposal.

1. When custody needs to be agreed.

Custody needs to be agreed upon at the time of divorce, and the circumstances of divorce are as follows:

1. If the husband and wife divorce by mutual agreement voluntarily, they shall sign a written divorce agreement, apply for divorce registration in person at the marriage registration authority, and the marriage registration department will issue a divorce certificate;

2. Divorce by mutual agreement, 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 disposal.

2. How to divorce without children after half a year of marriage?

There are two ways to divorce without children after half a year of marriage, divorce by agreement and divorce by litigation

1. Divorce by agreement refers to the voluntary divorce of both husband and wife, reaching an agreement on child support, property and debt disposal, signing a written divorce agreement, and applying for divorce registration with the marriage registration authority in person;

2. Litigation divorce refers to the fact that the two parties cannot reach an agreement on child support, property and debt disposal, and file a divorce lawsuit with the people's court. Divorce does not have to go through the courts, and it is best for both parties to negotiate a peaceful divorce.

According to 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 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.

3. How to get a quick divorce in civil litigation?

Divorce by mutual agreement is the fastest way to divorce, and the husband and wife can reach a consensus on the divorce and can agree on issues such as the division of joint property, child support, child support, and the sharing of joint debts between the husband and wife. Both parties should bring their ID cards, household registration booklets, marriage certificates, divorce agreements, and two-inch bareheaded**. According to the relevant laws and regulations, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce and repentance 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.

Article 1070 of the Civil Code of the People's Republic of China.

Where 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.

Article 1077.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, 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.