Marriage Law: Divorce, child support, and property distribution

To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody.

2.Materials proving the comprehensive quality of both husband and wife, the moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the character of the minor child, and provide some evidence to show their own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer work and blood donation activities, etc. 3.

On the one hand, the materials proving the child's raising environment are, on the one hand, the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to the child's life and schooling, and the chance of obtaining custody is greater; On the other hand, there is the situation of family members, the pace of urban life is fast, and in many cases, it is often the grandparents and maternal grandparents of the children who really take care of the children, especially for preschool children, and the healthy elderly are willing to take care of the children, which will be more beneficial to the fight for custody. 4.Children's opinions.

When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children. These are just some of the key factors in fighting for custody, and the specifics still need to be judged on a case-by-case basis. Divorce lawyers will find Guanling Law Firm.

If the relationship is not harmonious, you can get a divorce. The custody of the children after the divorce usually gives priority to the woman, and as for the property, if there is no property justice before the marriage, according to the provisions of the Marriage Law of the People's Republic of China, the husband and wife share the property, of course, if there are debts, the husband and wife should also bear them together. Therefore, it is advisable to be cautious.

Please listen to me, if there is no room for redemption, please think more about your children, give your husband a chance, please think about it!

The child is still breastfeeding, and direct maternal care is generally preferred;

If there is no agreement that the property before and after marriage shall be owned by each other, it is generally the joint property of the husband and wife, and the interests of the wife and the children are taken care of. Moreover, after the divorce, the party who does not directly support the child must bear part of the child's support;

The fact that the child is still breastfeeding is not a factor in whether a divorce is allowed under the law, but the judge will take it into account.

Think about it and don't close the last door lightly! ok？

1. Within one year after childbirth or within six months of termination of pregnancy, the man shall not file a divorce lawsuit. Where the woman files for divorce or the people's court finds it truly necessary to accept the husband's lawsuit, it is not subject to this provision.

2. Breastfeeding children are generally raised with the woman.

3. The income after marriage, including wages, is jointly owned by both the husband and wife, and is divided equally between the husband and wife. The property given by the wife and the man's family is generally regarded as a gift to both parties, and the divorce is divided equally.

The law stipulates that in principle, living with the woman under the age of two is a lactation period, and if your child is still breastfeeding, you should be sentenced to a large face.

As long as it can be proved that it is your dowry, it should belong to you.

Article 39 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 of Law 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 36: The relationship between parents and children is not extinguished by the divorce of the 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 their children and educate them. 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 the child after the breastfeeding period, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Division of property in divorce: In the event of divorce, the joint property of the husband and wife is 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 of husbands or wives in the contracting and operation of family land shall be protected in accordance with law.

Child support: After divorce, parents still have the right and obligation to raise, educate, educate, and protect their children. After the divorce, children under the age of two in Yuanzhou 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.

Article 1084 of the Civil Code of the People's Republic of China.

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.

Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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.

I am a disabled person and I want to raise my children after divorce? What am I going to do? Can I get custody?

If the title deed is in the man's name, then the house belongs to the man's property, and the woman cannot ask for a division, and the child is basically raised by the woman.

If the title deed is in the man's name, then the house belongs to the man's pre-marital property or the man's property, and the woman cannot ask for division, and the child is basically raised by the woman.

According to the marriage law and judicial practice, according to your situation, the court will always order the child to live with you, and the man will pay child support. Unless the other party proves that you have any of the following circumstances: you have a contagious disease or other diseases, do not raise children, etc.

The alimony is 20% of the other party's salary.

According to what you said, according to the law, the house is the man's personal property before marriage. At the time of divorce, it is still his personal property, as long as the property taken during the marriage is the joint property of the husband and wife, you can claim half of it. As the father of the child, even if he is divorced, he still has visitation rights, which is a legal requirement.

If you don't give him access to the child, he can sue.