Divorce! Ask an expert for advice 105

Article 31: Where both men and women divorce voluntarily, the divorce is 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.

The above are some of the provisions of the marriage law, you can go and sue, but if you want to win, you must have evidence of your emotional discord, but from your description, these are very bad for you!

You. Article 32 of the General Principles of the Civil Law stipulates that the property invested by the partners shall be managed and used by the partners in a unified manner. The property accumulated by the partnership shall be jointly owned by the partners.

Article 39 of the Marriage Law stipulates that in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Because the store was purchased as a partnership before you got married, according to the law, it is not realistic to have a sister as your witness, because you are brother and sister, and you belong to the people who should be avoided, and it is better to let the neighbors testify, and you must have no interest in you.

Of course, all of the above is a personal opinion!

Divorce, what's so melancholy, it's an unhappy marriage, why do you have to insist on it like this? If you don't have evidence to prove that you have been separated for one year, you can sue through the court, and if the other party does not agree to the divorce three times in a row, the court will grant a divorce, but it will take longer. Automatic contact marriage contract after separation for more than two years!

If you don't divorce because of the persuasion of your relatives and friends, it will not only delay you, but also your lover, and a marriage without feelings is like a pool of stagnant water! Good luck!

Calm your mind first and think carefully about your feelings. If there is really no more, then choose to divorce. She doesn't get anything out of the property you mentioned.

It is now a division of pre-marital personal property and post-marital joint property. As long as you have sufficient evidence that your 2 storefront has no financial relationship with her, then she will not get anything (I mean the storefront).If she does not agree to a divorce by agreement, you can also go to court to sue for divorce, but the court will be sympathetic to the weak, no-fault and sued.

It is fate that the two can get married, think twice!!

1. Your separation certificate may be invalid because your sister is your relative, and its probative force is relatively low in terms of evidence.

2. Judging from the circumstances you have described, you do not have the conditions to file a divorce lawsuit, because according to Article 32 of the Marriage Law, two years of separation is one of the legal conditions for filing a divorce lawsuit, and you have been separated for less than two years, unless you can find other solid and strong evidence to prove that the relationship between you has indeed broken down.

3. The property obtained during the marriage is the joint property of the husband and wife, you use the property to open a store in partnership with others, due to the nature of the partnership, your wife cannot join the partnership without the consent of the other partners and become a partner, but half of the part of the partnership property that belongs to your investment is hers, so she has the right to ask you! There is no way but to give her half.

Divorce can be decreed because both parties have no feelings!

Property will not be awarded to her.

The court can grant a divorce! －－

If it is really necessary to go to the step of divorce. It's better to leave as soon as possible, because after all, if two people have no feelings together, it's more painful than divorce, you've been separated for nearly a year, I think it's good to think about it again, it's really inseparable, then you have to hurry up, don't delay each other's time...

Prove that you really have no feelings, and the court will only decide (will investigate) the property issue if you have separated. The store you partnered with your friends before marriage is pre-marital property (but you have to be able to prove it), not joint property (post-marital property belongs to joint property), she has no right to divide the part of the property before marriage, as the saying goes: "Say it is not a part", marriage is a major event in life, you need to be cautious and cautious, think twice.

I advise you that it is better to divorce early!!

You're both too immature. They are not people who can live with peace of mind. It's better to leave quickly, I don't think I will be happy even if I drag you. After leaving, everyone reflects and introspects, and there may be a new beginning and a new hope.

It's already a mistake to get married hastily, and don't go for a hasty divorce again. Try it first, it's really not too late to leave.

It's more troublesome in terms of property, because you didn't do pre-marital property justice, so half of your property will be awarded to the woman in the divorce!

If there is really no possibility of reconciliation, divorce it, separate for more than two years, and automatically dissolve the marriage.

Favorable proof is required for one year of separation. Otherwise, the case will drag on a little longer.

Do it yourself! Who made you get married hastily

It's a waste to get married, and people don't want to pay some money to compensate for it.

What kind of man?

1. On the issue of divorce.

According to Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "A man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife shall be treated differently if they sue the people's court for divorce

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship. ”

Therefore, you belong to a cohabitation relationship, and you do not need to file a lawsuit with the court to dissolve the marriage relationship, and you can sue the court alone to dissolve the cohabitation relationship, and the court will not accept it, but you can file a lawsuit for the separation of property and child support disputes in the cohabitation relationship!

2. On the issue of the ownership of child support.

Although you are in a common-law relationship and are not protected by law, it does not affect the legal obligations of the woman. You can file a lawsuit in court for a child support dispute in a common-law relationship and ask the court to rule that the child is in your custody. But there is a very troublesome problem, the child is still in the lactation period, and in principle, it is considered to be raised by the woman.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. On the issue of child support.

According to article 7 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, "the amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased. ”

So you can claim to the court that the other party will bear the support of the girl until the child is 18 years old.

You don't even have a marriage certificate, you don't need to apply for a divorce certificate at all, she should not have children, otherwise she won't keep in touch, how can such a woman not have a little maternal love? I really can't figure it out, I think custody should belong to you, and child support should be your own! This is also my personal opinion, you can go to a lawyer for consultation.

Divorce is not necessary, because you are not a legal husband and wife, and the issue of child support can be negotiated, and if she does not want the child, she will pay child support, if she wants the child, you will pay child support, or if the negotiation fails, you will sue her in the name of the child, and she has the responsibility and obligation to raise the child until the age of 18.

The choice of divorce proceedings occurs in the following two situations:

One situation is where one party requests a divorce and the other party does not agree to the divorce and sues the court, or the parties agree to the divorce but cannot reach an agreement on the distribution and assumption of child support, property and debts and sue the court;

Another situation is the divorce lawsuit by agreement, which adopts this method when the place of habitual residence is inconsistent with the place of permanent residence, especially when the two places are far apart, and the parties can choose to file a divorce lawsuit at the place of habitual residence and settle the case through court mediation. The adoption of this method avoids the long-distance travel of the parties who are anxious for divorce and have to go back to the place where their hukou is registered to go through the divorce procedures.

Correspondingly, there are two types of divorce proceedings:

1) Mediation This procedure is applicable to the parties who have reached an agreement on divorce matters and have a divorce agreement or have reached an agreement on divorce matters through mediation presided over by the court.

2) Judgment The criterion for whether the court decides to grant a divorce in a divorce case is whether the husband and wife "have truly broken down". As to how to determine that "the relationship between husband and wife has indeed broken down", the "Marriage Law" stipulates:

1) bigamy or cohabitation with another person who has a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) There are bad habits such as gambling, gambling, drug abuse, etc., which are repeatedly taught;

4) Due to affection, they have been separated for 2 years;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

In addition, if one party is declared missing and the other party files a divorce lawsuit, the people's court shall also grant the divorce. Yu Yan.

Divorce by agreement, or separation, and divorce can be obtained after enough time of separation.

Divorce by mutual agreement only requires the consent of the man.

Sue the process of selling the divorce on the side, do you know the process of selling the marriage.

How to sedan town things closed liquid divorce travel Zheng.

Do you know the process of suing for divorce?

Hello, the first thing is to solve the problem of divorce or not, and if the agreement is not reached, you can sue directly to the court. In terms of property, the property acquired during the existence of the marital relationship shall be divided equally between the husband and wife in principle. Joint debts incurred by the husband and wife shall be borne jointly.

It is possible to sue for divorce and divide the joint property of the husband and wife equally.

1. The first is to solve the problem of divorce or not, and if the agreement is not reached, you can directly sue the court.

2. In principle, the property acquired during the existence of the relationship between husband and wife shall be divided equally between husband and wife.

3. The joint debts borne by the husband and wife shall be borne jointly.

Hello! In principle, the pre-marital property belongs to the individual, and if there is an agreement on the property after marriage, it shall be agreed upon, and if there is no agreement, it shall belong to the joint property, and half of it shall be for one person in the event of divorce! It is mainly handled through negotiation, and if the negotiation fails, the lawsuit will be resolved!

The principle of equal distribution of joint property during the duration of the marriage is also the principle of joint liability.

If your parents are unable to reach an agreement, one of the spouses can sue for divorce.

The division of property shall be in accordance with the principle of equal distribution between husband and wife. The car is joint property and can be divided among one party, and the discount is paid to the other party according to the principle of equal distribution; The commercial house is the property right of the daughter, and the parents cannot distribute it, and the loan is not regarded as a joint debt; Deposits are evenly distributed; The creditor's right of 100,000 yuan belongs to the common property and should be divided equally; If no agreement can be reached on the ownership of the hotel, the parties may bid, appraise or transfer, but the proceeds shall be divided equally; Small-owned houses have no property rights and can be owned by one party, assessed at a discount to the other party, and the loan is distributed according to the joint debt; The daughter does not participate in the distribution of joint property; Your mother's previous style does not affect the current distribution of property. If your father's domestic violence is not a continuous sexual act and there is no evidence to prove it, the property will not be lost.

Generally, the property of the husband and wife is divided equally, and the parent who is raising the child will be taken care of appropriately, so it is recommended to call for consultation to avoid unclear and misleading facts.

The court's judgment involved two things, one was whether to divorce or not, and the other was the division of property. From your account, it seems that there is no legal ground for divorce, so if one party insists on not divorcing, it may take six months before the divorce can be granted. For the division of property, the general principle is the equal distribution of common property, but there are still many items involved in this case, and it is necessary to fight for each item in a meticulous and orderly manner, so if you want to enter the litigation procedure, it is recommended to entrust it to take care of it.

140,000 yuan is the joint property of the husband and wife, and your parents divide it equally.

2. It can be handled according to the common share, but the part of your parents can be handled according to the common share, because there is no expression of intention to give, it cannot be regarded as a gift to you.

3. It should be the joint property of the husband and wife, and your parents should divide it equally.

4. I don't know how your father caused it, was it caused by gambling?

5. When was the hotel built? Not easy to judge.

6. Your parents divide it equally.

8. It has nothing to do with divorce.

9. It has little to do with the distribution of property.

Personal advice, let's operate, although the problem is not big, but you guys are also very troublesome to sort out!

During the marriage, the joint property of the husband and wife is divided equally.

The principle of equal distribution of joint property during the duration of the marriage is also the principle of joint liability.