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It's not bad, for the sake of yourself and your children, you can't get along with your other half, you can get a divorce, no one will say anything, and it's good for a single parent to have children now. At least the other half will not have much impact on the child's development.
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Children need a complete home, but also need to be accompanied by parents, conflicts between adults do not affect children, because children are innocent, you and your lover had better communicate well, it is not easy for two people to be together, it is difficult to break up, treat your choice carefully.
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Marriage was originally a lifetime of growing old together, divorce is not a good ending, but, if two people hurt each other together, quarrel all day long, chickens and dogs jump, the house is restless, there is no way to get along, it is better to divorce, one separate and two wide, each is well, the impact on the child is definitely not good, this is also no way to do it, if you can be, it will not come to this point, in short, you will not regret it in the future, children need a loving environment to grow up, If not, then give him back the most basic serenity!
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Of course! Now there are so many single mothers! As long as you can divorce and leave the scumbag's in-law's house, it's better than anything else, happy.
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If it is not a matter of principle, it is better not to divorce, otherwise, the child can easily go astray.
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If you are not happy in your marriage, then divorce, you can't sacrifice your life's happiness because of your children, and you can live well with children.
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If you really can't get by, divorce it, it's good for yourself and your children, after all, a long-term noisy marriage is not happy.
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If you're not happy, why not, such a little child, can you bear to leave her to someone who can't even take care of you? She's still young, and you can only take her with you.
I know that when many parents get divorced, it is their children who can make them worry when they really decide, because after the divorce, the children will become the person who they don't want to hurt the most, but hurt the most.
I know that every parent loves their children, but I can only blame myself for not meeting a person who can give me happiness for a lifetime.
Before, I was still complaining about why my mother had to give birth to us and endure so much unhappiness in the first place. But now I understand that since you have chosen this family, then you have to endure the life you encounter.
When our parents divorced, we already had our own choice, so we didn't bother them too much, so even if we didn't have a good time, we never complained about anything in front of them.
Since this is your future life, there is no way to change it except to accept, how is it better to live with a smile than to live with a cry, even if everyone in this world abandons you, I hope you can live happily by yourself.
A one-year-old child is not yet conscious, she only knows how to eat, only to sleep, even if you divorce, she has no opinion of her own, you can find a home for her again and start her life again.
As long as you are happy, she will have a better life because of your warmth and care, if you, as a mother, instill some unhappy thoughts in her every day, then even if you are not divorced for her, then she is not happy.
Now divorce is no longer an unsightly thing, we can start again after divorce, but it is the constant entanglement that makes your life more unhappy.
Whether it's for you or for your children, as long as you live happily is the greatest hope, if you ruin a child's childhood because of your own will, it should be the biggest mistake.
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Attorneys join. Legal Notices.
Q: After less than a year of marriage, the woman wants to divorce and take away the children.
Heilongjiang-Daqing2020-08-01 10:19:42Divorce.
3 in total. Lawyer Zhang Zhiqiang consulted me.
Lawyer Zhang Zhiqiang.
2020-08-01 10:22:12Answer.
Method of division of property in divorce: (1) The joint property of the husband and wife shall generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different.
Items that belong to the exclusive use of the individual are generally owned by the individual. (2) The joint property managed and used by the husband and wife separately in two places shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference. (3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to have difficulty in living, the other party may request the other party to return the bride price at the time of divorce.
4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party. (5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they shall be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce. (6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.
7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.
8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.
9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife. (10) Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.
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If the child is divorced when he is more than a year old, it is very likely that the child will be awarded to the mother. According to the Civil Code of the People's Republic of China and relevant judicial interpretations, after divorce, children under the age of two shall be directly raised by their mothers. Unless there are special circumstances, a child over one year old should be raised directly by the mother.
Specifically, when a child is under the age of two, the mother shall be directly raised under special circumstances such as the absence of a mother suffering from an infectious disease that cannot be cured for a long time, or the failure to fulfill the obligation to support the child. However, it should be noted that after the divorce of the husband and wife, the personal relationship between the parents and the children will not change as a result, and the children are still the children of both parents regardless of whether the children are directly raised by the father or mother. Therefore, the parent who does not directly raise the child still has the right and obligation to raise, educate and protect the child.
Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be 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.
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Yes, the law stipulates that within one year of the woman's childbirth, the man may not file for divorce if he or she is concerned about the rent. When the child is more than one year old, both husband and wife can file for divorce. If the child is breastfeeding within the age of two years, the mother of the child will be raised first.
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Children over a year old can also get divorced. It is at this time that if the divorce is made, the child may have to be awarded to the mother for support, because the child is still too young to be breastfeeding. If you talk like this, your mother will be very hard.
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It is okay to divorce before the child is one year old. The woman can file a lawsuit for divorce, and the parties can divorce by agreement. The law's restrictive rules on divorce stipulate that the husband may not file for divorce within one year after the woman is pregnant, within one year after childbirth, or within six months after the termination of pregnancy; However, there is an exception where the woman submits a divorce or the people's court deems it necessary to accept the husband's request for divorce.
[Legal basis].
Article 1076 of the Civil Code provides that if 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' 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. Article 1082:The man must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
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Summary. A: No, you cannot.
According to Article 36 of the Marriage Law of the People's Republic of China, "minors under the age of 18 shall not marry", and children over the age of one cannot be divorced. Workaround:
1. The two parties can negotiate to settle the problem, and the two parties can reach an agreement through negotiation to solve the divorce issue and sign a divorce agreement so that both parties can accept it. 2. Both parties may apply for divorce to the court, and the court will hear the divorce case and make a judgment on the divorce of both parties in accordance with the relevant laws and regulations. 3. Both parties may apply for divorce to the marriage arbitration institution, which will hear the divorce case and decide the divorce of both parties in accordance with the relevant laws and regulations.
4. Both parties may apply for divorce to the marriage mediation agency, which will hear the divorce case and make a judgment on the divorce of both parties in accordance with the relevant laws and regulations. The above are ways to solve the divorce problem, but it should be noted that in the divorce process, both parties need to abide by relevant laws and regulations, respect each other, safeguard the legitimate rights and interests of both parties, and ensure the fairness and justice of the divorce process.
A: No, you cannot. According to Article 36 of the Marriage Law of the People's Republic of China:
Minors under the age of 18 are not allowed to get married", and children over the age of one cannot be divorced. Solution: Yunlu 1, the two parties can negotiate to solve, and the two parties can reach an agreement through negotiation to solve the divorce problem and sign a divorce agreement so that both parties can accept it.
2. Both parties may apply for divorce to the court, and the court will hear the divorce case and make a judgment on the divorce of both parties in accordance with the relevant laws and regulations. 3. Both parties may apply for divorce to the marriage arbitration institution, which will hear the divorce case and decide the divorce of both parties in accordance with the relevant laws and regulations. 4. Both parties may apply for divorce to the marriage mediation agency, and the mediation agency will hear the divorce case, and in accordance with the relevant laws and regulations, the parties shall be sentenced to divorce.
The above are ways to solve the divorce problem, but it should be noted that in the divorce process, both parties need to abide by relevant laws and regulations, respect each other, safeguard the legitimate rights and interests of both parties, and ensure the fairness and justice of the divorce process.
Excuse me, but please go into more detail?
A: No, you cannot. According to China's "Marriage Law", minors under the age of 16 are not allowed to marry, so children over one year old cannot be divorced.
In addition, the child is still in the development period, and divorce will bring many negative effects to the child, such as psychological trauma, social isolation, etc., therefore, divorce is not good for the child. In addition, divorce will also have a negative impact on the family, such as family breakdown, family financial difficulties, etc., which will affect the growth of children. Therefore, it is not advisable for a child to be divorced when he is more than one year old.
In addition, divorce will also have a negative impact on society, such as family breakdown, family financial difficulties, etc., which will affect the stability and development of society. Therefore, it is not advisable for a child to be divorced when he is more than one year old. In short, it is not advisable for a child to be divorced when he is more than one year old, and the family, children and society will be negatively affected.
Therefore, when the child is more than one year old, divorce should be avoided as much as possible, but efforts should be made to maintain family harmony and provide a good environment for the child to grow up.
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Legal Analysis: A child can be divorced even if he is one year old. If a man or a woman requests 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.
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 the opinions reached through consultation on matters such as child support, property, and debt handling.
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:
1) bigamy or cohabitation with another person; Row oak.
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 discord with Jane;
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.
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