About divorce disputes, about divorce economic disputes

Let's start with the assets. Both the house and the savings should be divided equally (your parents divide it equally) and it doesn't matter whose name the house is.

Then look at the debt.

The criteria for determining joint debts are that they are for the purpose of living together and that the wife is aware of them. Your dad's behavior has nothing to do with living together as a couple. So the debt is his share.

Then look at my father's current monthly salary and 30 years of service in state-owned enterprises, and the future income will be all his own, and your mother can't share it. What has been issued is a joint asset, which should be divided equally (so if your father's unit has something to buy out the seniority or something, you can let him buy out the seniority and then divorce, so this part can also be divided, if the divorce is bought out again, there will be no division, let him take it and estimate that it will be gambled again).

Normally, the court will decide this way.

But when it goes to court, what you should grasp is that the father's actions have ruined the marriage, and he is the negligent party. This will allow the court to favor your mom (you're an adult and custody won't help you).

Finally, I wish you all happiness.

You don't have anything to give you, you should be 18 years old, huh? When your parents divide it equally, the debts are also equally divided, your father's gambling debts are borne by himself, not joint debts, your parents' wages are also joint property, I wish you happiness, come on!

I wish you and your mom another happy life in the future...

I don't know very much, but I know that the house is a common asset and it should be divided equally! Whoever has been married for many years should be considered a shared asset!

Legal analysis: Divorce dispute refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation, and may also involve many issues such as property distribution and child support. Uncontested divorce is less efficient and costly than litigated divorce.

Legal basis: Article 1076 of the Civil Code 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 clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Hello, after reading your statement, this situation can be wanted. Interpretation II of China's Marriage Law stipulates the circumstances under which the bride price is returned, one of which is that one party pays the bride price and causes difficulties in life. Now that your brother and sister-in-law have divorced, and your brother's problems also cost money, and life is more difficult, in this case, you can sue the other party and ask for a return of 20,000 yuan.

1. Depending on the size of the daughter, the woman under the age of two years belongs to the woman, and the woman over the age of ten is sentenced to whoever she lives with when she is basically divorced under two weeks or less than ten weeks according to her opinion.

Second, the compensation of more than 600,000 yuan is not all for him, but also for his mother-in-law or his siblings and father-in-law's parents. This compensation has a certain degree of personal exclusivity, and I personally believe that it is not the joint property of the husband and wife.

Third, the steel store has half of your shares, and he can give you money at a discount.

Article 18 of the Marriage Law In any of the following circumstances, it shall be the property of one of the husband and wife:

2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury.

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.

Judicial Interpretation II of the Marriage Law.

Article 17: Where a people's court hearing a divorce case involves the division of the joint property of the husband and wife in the name of one party in the partnership enterprise, and the other party is not a partner of the enterprise, when the husband and wife reach a consensus through consultation and transfer all or part of their share of the property in the partnership enterprise to the other party, it shall be handled in accordance with the following circumstances:

1) With the unanimous consent of the other partners, the spouse shall obtain the status of a partner in accordance with law.

2) If the other partners do not agree to the transfer and exercise the right of priority under the same conditions, they may divide the property obtained from the transfer.

3) If the other partners do not agree to the transfer or exercise the right of first refusal, but agree to the partner's withdrawal or return part of the share of the property, the returned property may be divided.

4) If the other partners neither agree to the transfer, nor exercise the right of first refusal, nor do they agree to the partner's withdrawal or return of part of the property, it shall be deemed that all partners agree to the transfer, and the spouse shall obtain the status of partner in accordance with law.

If you both want your daughter, it depends on which of you is better for your daughter and whose family situation is better, not that you want a child, of course, if the child is over 10 years old, you must also refer to the child's opinion. Children under the age of two are generally raised by their mothers.

The money compensated for your father-in-law's death is not called an inheritance, generally speaking, the rest can be divided by his heirs according to the share after the funeral of your father-in-law, so now it depends on how much money your lover gets, if you don't have a share, you don't want to get it, because the law does not clearly stipulate how to distribute the death compensation.

As long as the steel shop is opened after you get married, part of it belongs to your husband and wife, and the remaining part belongs to the partners, and you can ask for half of your lover's share when you divorce, but you have no right to ask them to add you as a partner.

In short, property acquired after marriage is the joint property of the husband and wife, unless it is designated as belonging to a person.

First, de facto marriage: a man and a woman without a spouse who have not registered their marriage, but who meet the substantive conditions for marriage and who live together in the name of husband and wife, form a union between the sexes of a man and a woman. A de facto relationship has the effect of marriage.

PS: The two of you are in a de facto marriage.

Second, Article 8 of the Marriage Law of the People's Republic of China:

A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Second, Article 5 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China:

Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:

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.

PS: If the two of you make up the marriage registration, it is a marriage; If the marriage is not registered, it is a common-law relationship.

To sum up: in the case of the man's income, it is more beneficial for you to reapply for marriage registration; At the same time, you need to consider the division of property between the parties and the custody of the children.

You are a de facto couple, so even if you do not have a marriage certificate, you still enjoy the rights and obligations of a legal husband and wife.

1. I don't recommend you to divorce, after all, you have been married for a few years and have children, and divorce hurts the children a lot.

2. You can send short messages and hit ** to test the man's attitude, and you can lower your posture for the sake of the child, but you can't have your own bottom line, if things get better, you can ask both parents to discuss and reconcile together.

3. Your husband has issued two summons for divorce in a row, which may be that he has already remarried and wants to force you to divorce, or he may use the court to come to you to express his attitude and express his position, forcing you to make certain concessions even if you get back together.

ps: Actually, no one wants to divorce, so let's accommodate each other. May you be happy!

As long as you have enough evidence to prove that you contributed capital at the time of the original purchase, you can divide the property.

Neither of you has received a marriage certificate, and your marriage is not protected at all. You get a subpoena and you can ignore him. You're not actually married now, and there's no way to get a divorce. It's true.

Pre-marital personal property belonging to the woman cannot be divided in the event of divorce!

Now that he has thought about it, you can see if you go out to work and he has other women. Now the child is not thinking about it, he also has domestic violence, and the child will not be happy in such a family.

Since he doesn't want to have a good time, it will be difficult for you to be happy no matter how persistent you are, and the child can't accept the indifference between you, I think you should think about it for the future.

Since the man wants to leave so much, then leave, if you make a fuss like this, it won't be interesting to live it, if you can stand on your own, it's divided.

In the case of divorce, children living in unhealthy marriages are more likely to be hurt. It's better to leave generously.

They are not de facto marriages, they are in a common-law relationship.

See Article 5 of the Supreme People's Court's Interpretation I on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

If there is no registration before February 1, 94, which constitutes the elements of marriage, it is a de facto marriage

After February 1, 94, those who did not receive a marriage certificate were in a cohabitation relationship.

In accordance with Article 1 of the Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Where a party requests the dissolution of the marriage relationship, the court will not accept it.

However, where the parties initiate litigation due to a dispute over the division of property or child support during the period of cohabitation, the people's court shall accept it.

The court can only deal with the couple in a cohabiting relationship, property division and child support disputes

If you don't leave, there will be no disputes? Don't give up until you have to.

You should consult a lawyer about legal matters.

Divorce. You can't see if people are hard-hearted.

Divorce proceedings may be filed, but there must be sufficient grounds for divorce, that is, the relationship between husband and wife has broken down, and Article 32 of the Marriage Law provides that if a man and a woman request a divorce, the relevant departments may mediate 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.

In accordance with the provisions of article 23 of the Civil Procedure Law, the people's court at the place where the plaintiff is domiciled has jurisdiction over a lawsuit brought against the imprisoned party; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the habitual residence has jurisdiction.

Hello, if the case has not been tried by the court, it is not an appeal, it is to submit a statement of claim to the court, a lawsuit. If the other person has been in jail for less than a year, you can file a complaint with the court where you lived together before the other person was imprisoned. If you haven't lived together, you can file a complaint with the court where you live.

If the other party has been in prison for more than a year, you can file an indictment either with the location of the prison or with the court where you live. Hope it helps.

You can get a divorce, you can sue, you can try in absentia, and you can decide a divorce.

Don't you want to go to the relevant departments and ask?

The man also asked for a refund of the expenses spent during the relationship. This court will not adopt it. The court is not expected to accept the latter article either.

Article 1: The court may determine whether these fees are refundable based on the length of the marriage of the man and the woman. Even if you can get a refund, it depends on the situation.

Divorce damages refer to the civil liability of the party at fault for the loss suffered by the innocent party at the time of divorce due to the breakdown of marriage and family relations caused by the fault of one of the spouses. Article 46 of the Marriage Law stipulates that in any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused by the legal fault of one party, and if there is no fault, the other party shall have the right to claim damages in accordance with the law. First, bigamy; second, if a spouse cohabits with another person; third, committing domestic violence; Fourth, abuse and abandonment of family members.

Article 28 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Law is supplemented, which stipulates that "damages" as provided for in Article 46 of the Marriage Law include compensation for material damages and compensation for moral damages. Legal basis:

Article 46 of the Marriage Law of the People's Republic of China provides that in any of the following circumstances, if a divorce is caused, the innocent party may claim compensation for the divorce. (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.