Married for almost two years, with a 10 month old boy, what if the divorce is half?

Legal Provisions. The issue of custody of children within the age of two after divorce should be properly resolved in light of the specific circumstances such as the ability of both parents to raise and the conditions for raising children, starting from the perspective of being conducive to the physical and mental health of the children and protecting the lawful rights and interests of the children. If there are no special circumstances, for children under the age of two, considering breastfeeding, etc., it is more likely that the court will generally make a judgment to raise the child by the woman.

In the case of divorce, consider the issue of child support first, and if you provide evidence in this case that the husband's support is not conducive to the child, the custody of the child will generally be awarded to you.

Then consider the distribution of property during the marriage, the joint property of the husband and wife is generally to be divided equally, and you are required to provide evidence to explain that if you are interested in divorce, the cash, real estate, and car at home are all checked whether they were purchased before or after marriage, so as to provide evidence.

Sometimes a slap doesn't make a sound. The problem between mother-in-law and daughter-in-law has always been the biggest problem. It can't be just your mother-in-law bullying you.

Or could it be the consequence of your lack of respect for your mother-in-law? Judging by your words. Your husband is a very assertive person.

This kind of person generally has filial piety. Try to start with your mother-in-law. Maybe things will turn around.

When the parties divorce, the division of the property has nothing to do with the ownership of child custody and should be treated differently. First, when the parties divorce, the joint property of both parties should be divided equally. Personal property belonging to one party shall belong to the owner and cannot be divided.

According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Inheriting property obtained from gifts from Kaiju or Jing Xianbi, except as provided for in paragraph 3 of article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Article 18 stipulates that under any of the following circumstances, it shall be the property of one of the spouses: (1) the property of one party before marriage; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Second, according to Article 36 of the Marriage Law, 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 and educate their children. Article 37 stipulates that after a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047 The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Summary. Hello, legal analysis: what to do if the two children divorce after ten years of marriage:

Two children are generally sentenced to one for each child. Both parents can negotiate to decide on the custody of the child, and if they cannot reach an agreement, they can go to the court to file a lawsuit and ask the court for a judgment. The court will decide on the principle of what is best for the child.

Hello, legal analysis: What to do if the two children divorce after ten years of marriage: the two children are generally sentenced to one laughing group.

If you can't reach a consensus, you can go to the court to file a lawsuit and ask the court for a judgment. The court will decide on the principle of what is best for the child.

Legal basis: Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of 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 provide for their children's maintenance, education, and protection. After the divorce, children under the age of two years shall be directly raised by their mother's socks. 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.

We have been married for 10 years and regretted it, a son and a daughter, he has been hurting and violent to my language for a long time, I want to endure it and lose it before Wang, but he dislikes my domestic violence against me, and lives a chicken feather.

Is there any evidence of domestic violence against the other party?

There are injured **.

That's okay, can someone prove it?

No. There are only injuries**, so that the evidence is not enough.

I have no other evidence.

There is no evidence to prove that the other party is in domestic violence, and the other party cannot be asked to divide the property less.

You can collect a little more evidence.

How to divide alimony and property.

One for each of the two children.

Property is divided equally.

I borrowed money from my mother-in-law, can I get it back? There is a record of the transfer.

Did you explain that it was lent to the other party?

1. What should I do if I want to divorce my two children after ten years of marriage.

There are two options for divorce, the first is a divorce by agreement, and the second is a divorce by litigation. In the case of divorce by agreement, as long as both parties agree, bring the marriage certificate, household registration book, ID card, divorce agreement, ** these materials, and go to the civil affairs bureau where either party's household registration is located to register the divorce. If you just want to divorce and the other party does not agree to divorce, you can only divorce by litigation, but litigation divorce takes a long time, the procedure is complicated, and if there is no statutory divorce, the possibility of the court ruling divorce is very small, and a second lawsuit is needed to divorce the marriage (statutory divorce situation:

Domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, emotional discord and separation for more than two years, physical defects or diseases that are difficult to **, etc.).

2. I have been married for ten years without a marriage certificate, and now I want to divorce.

1. If you do not go through the marriage formalities in accordance with the law, it can only be a de facto marriage, which can only be sued by the people's court in the place of household registration, and you have the obligation to provide evidence when you sue you, and you need to provide to live together, in principle, the property is equally divided. If a man and a woman do not have a marriage certificate, but have met the substantive requirements for marriage, the marriage relationship may be dissolved by divorce by mutual agreement or divorce by litigation; If the man and the woman do not apply for a marriage certificate after this time, they cannot apply for divorce because they have not formed a valid marriage relationship under the Heqing Limb Law, and the parties dissolve the cohabitation relationship on their own.

2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China provides that 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. My husband and I have been married for ten years, and I want to divorce because of feelings.

Hello, there are two paths to divorce, divorce by agreement and divorce by litigation. If the husband also agrees to the divorce, then take care of the children and property and form a written agreement to go directly to the Civil Affairs Bureau to go through the divorce procedures. If the man is unwilling to leave or the child, property and other issues cannot be agreed upon, you can solve the problem by suing (the woman can file for divorce within one year after giving birth or if the pregnancy is terminated for less than half a year, the woman can), sue for divorce in the place of the man's household registration or habitual residence (residence for more than one year), there are statutory divorce circumstances such as separation for two years, etc., the court is very likely to grant divorce.

The division of property and child support in divorce belong to the category of civil disputes, and the only way to resolve them is through negotiation between the parties.

If the negotiation fails, you can only perform the procedure of divorce by litigation, write what you want to ask for in the pleadings, and ask the court to adjudicate.

From what the landlord said, the custody of the child belongs to the landlord, and the child's father bears the child support, so there should be no problem.

As for the property, it should belong to the man's pre-marital property, and it is generally extremely difficult for the landlord to obtain it.

As for other property acquired after marriage or as a result of marriage, it should be the joint property of the husband and wife, and in principle, no one has half of the rights.

After marriage, you can get half of the property.

Hello. Article 32 of China's "Marriage Law" stipulates 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.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

The fastest way is to divorce by agreement, and if the agreement fails, you can only sue. Generally, if the other party does not agree, the first lawsuit will not grant a divorce, but as long as you can prove that the husband has indeed committed domestic violence, the possibility of a divorce is still quite good.

1. There are two ways to divorce: negotiation and prosecution, and if the negotiation fails, you can only sue. The lawsuit must be filed with the people's court of the defendant's place of residence.

In terms of custody, it is necessary to follow the principle that the parent's support is conducive to the child's growth. Children under the age of 2 are generally given to their mothers.

The parent who does not support the child should pay child support, which is generally 20-30% of the party's income.

The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. According to the law, when there is domestic violence, when the injured party divorces, he can demand compensation from the domestic violence party, including material and moral damages, and take proper care of the injured party in the division of property!

Hello, according to Article 32 of the Marriage Law, the people's court shall conduct mediation when hearing divorce cases; 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:

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

According to the principle of plaintiff to defendant, the lawsuit must be filed in the court of the county where you are located, and the complaint must be submitted, the identity certificate of the original defendant, the child's birth certificate, the property certificate, evidence of the man's domestic violence, etc.

The divorce is so fast that the judgment can be issued within 2 months.

Lawyer Xiao Kailai of Zongheng Legal Network.

Collect evidence of domestic violence and sue for divorce.

Lawyer Jiang Yunli.

The lawsuit has to go to the court, and the lawsuit is 200 yuan at a time

Required materials: marriage certificate, household registration, ID card. File a divorce lawsuit at the district (county) court where the marriage is registered. It doesn't matter if the other party doesn't agree, domestic violence is a legal cause for divorce, and the court will definitely grant a divorce.

According to the judicial procedure: Marriage Registration Office of the Civil Affairs Bureau (voluntary divorce) - no) - Township Judicial Office - (no) - Town Court - (No) - County (City) Court. If the domestic violence is serious, the parties may report the case to the local police station or apply for judicial protection until divorce.

If it is fast, it is an agreed divorce, but as long as one of the parties does not agree to the agreed divorce, then the only way to go through the judicial process.

If there is domestic violence, then the police report and police report are the most powerful proof, you should keep it, it is very useful in the judicial investigation when the time comes, and it is also an important part of the fight for custody of the child.

If you do not receive a marriage certificate, it is a marriage that is not protected by law, and if you have received it and lost it, you can reapply for a divorce or sue for divorce.

If you don't have a marriage certificate, if you don't have a marriage certificate, then go to the public security bureau to sue you for illegal cohabitation, and you can separate.