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My girlfriend's parents just got divorced.
It's as simple as going to court and definitely getting you home and agreeing a divorce to go...
Your dad won't do it, right, okay, let's appeal and report the situation.
Tell all of your dad's crimes, especially about his contribution to the family.
It's best if you and your sister can cry out, and it works best.
It doesn't matter if the property is not fair Ignore it like your dad No matter how much trouble you make, you won't be able to bite your mother to death Don't just give him a sum of money just to save trouble But it's better to give some.
As for you and your sister who are already adults, you can really do it without fees, of course, you are still in school, another story.
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Well, if I were the judge, I would let the house belong to you, and the parents would also award it to you, so that they would take turns to see you every week! Give you living expenses! And your dad is going to give more!
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In general, it is the joint property of the husband and wife, but there are some special circumstances, such as your father, although the money found during the marriage of your parents is joint property, but your father's situation can make your mother claim to the court that he did not fulfill the responsibilities of her husband and father during the existence of the husband and wife, and even went out to sell his house, and he has no right to the property at all.
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There are only two ways to divorce: one is divorce by agreement; The second is litigation divorce.
If the husband and wife reach a divorce agreement on divorce, they can go directly to the marriage registration department to register the divorce, and the marriage registration department will issue a "divorce certificate".
If the two parties cannot reach a divorce agreement, they cannot go to the marriage registration department to register the divorce, and can only go to the court to sue for divorce, and the people's court will make a judgment.
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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 or woman requests 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 files a divorce lawsuit, the divorce shall be granted.
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Article 21 of China's Marriage Law stipulates that parents have the obligation to raise and educate their children; If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. It can be seen that child support is not only claimed in the event of divorce, but also needs to be paid in the following cases:
1) Although the husband and wife are not divorced, the husband and wife have separated due to emotional discord and do not directly raise the children; (2) The party who is not married but has a child born out of wedlock and does not directly raise the child; (3) In other cases, such as the child is an adult but still in high school, the parents shall pay child support. Therefore, although the law of our country stipulates that the property of the husband and wife is jointly owned during the marriage, if the spouse fails to fulfill the obligation to raise the child for a long time, according to the law, a lawsuit may be filed in the name of the child to demand that the spouse pay the child maintenance expenses that should be borne during the period of separation.
According to Article 7 of the Judicial Interpretation III of the Marriage Law, if the property rights of immovable property purchased for the children by one of the parents after marriage are registered in the name of the investor's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife, and shall not be regarded as the joint property of the husband and wife.
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Question 1: "Can be requested".
Question 2: "You have to look at the real estate certificate".
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Zouma Chuanxing sent Dr. Feng out of the Western Expedition (Cen Shen) [2].
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1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
2. About child support and child support.
For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
3. On the division of common property.
The property acquired by one party 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. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.
Marriage is a major event, and you need to be cautious about divorce!!
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If you can prove the fact that he played games to borrow usury, then the child has a good chance of giving you a good sentence, otherwise it will be half and half.
If the house has your name, you have a share and can divide it.
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The house is not divided. Because it was his pre-marital property. He has evidence of his own purchase of the property.
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Game machine gambling is illegal, and loan sharking is also illegal, you can call the police, or go to court to sue and apply for the debt to be invalidated; The other party's debt, if you have not used the loan, is his personal debt, which is to be repaid by his personal year; The title deed has your name on it, stating that you have half of the property in it; The following are the relevant legal provisions on custody and alimony, please combine your actual situation:
The following aspects should be considered for the issue of child support after divorce: Factors such as the personal qualities of both parents, their sense of responsibility to their children, the family environment, and the relationship between parents and children should be considered. Consideration should be given to the reasonable requests of the parent who is unable to have children and who has difficulty remarrying.
In the case that the various conditions of both parties are basically the same, in principle, the party with the stronger financial ability will be able to raise the child. Children over the age of 10 who are able to discern should seek the advice of the children themselves, regardless of whether they follow their parents or their parents.
The amount of child support takes into account the following three aspects: the actual needs of the child; affordability of both parents; The actual standard of living in the local area. After the divorce, the parent who does not live with the children is divided according to the income status:
For those with a fixed income, the amount of child support allowance can generally be 20%-30% of their total monthly income. Where two or more children are raised, the proportion may be appropriately increased, but generally must not exceed 50% of the monthly income. The "gross monthly income" here refers to the total salary, including salary, bonuses, etc.
An investigation may be made by applying for a court investigation order. If there is no fixed income, the amount of child support may be determined by reference to the income of the current year or the average annual income of the same industry. Generally, the average annual income and average annual living expenses are determined by referring to the "Reference Standards for Road Traffic Accident Compensation Items".
If there are special circumstances, such as a child suffering from a serious illness for a long time, or a child with a disability, it may be appropriately increased.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
As long as the property is proved to be purchased by the man before marriage, it belongs to the man's personal property, and the child is more likely to be supported by you, and the man pays child support. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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For more information, please contact our lawyer for detailed consultation.
Lawyer Zhang Jinyuan.
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This question is more specific. It is recommended that you better fix what you say in the form of evidence before going through the later procedures.
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This issue is more complicated, involving a real estate division and child support, it is recommended to consult a lawyer.
Lawyer Zeng Zhiqi.
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On the premise of dissolving the marriage relationship between the parties, if the parties cannot reach an agreement, the court will generally rule as follows: 1. Starting from the principle of conducive to the growth and development of the child, determine who will raise the child, and the maintenance expenses will be borne by half; 2. The joint property, joint creditor's rights and debts during the existence of the husband and wife relationship shall be enjoyed and borne by both parties in half.
Zongheng Legal Network He Xiangqian lawyer.
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1. This house belongs to your joint property. Splitting can be requested.
2. If the two parties negotiate with the child, if the negotiation fails, the court will make a judgment based on the principle that is conducive to the child's growth.
3. If no agreement can be reached on child support, the court will make a comprehensive judgment based on the local economy and living standards, combined with income. He owes usury, if not for family life, you can not bear.
Details can be consulted.
Beijing Marriage and Family Lawyer.
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In the case of divorce, it is possible to claim the division of joint property, including real estate;
If the negotiation of child custody fails, the court will rule in accordance with the principle of benefiting the child's growth.
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You have to prove that she got it before she got married! This is important!
If the house is bought before marriage, it is considered pre-marital property.
Did you buy the car before you got married? If it is to be depreciated proportionately, the vehicle will be depreciated and the woman's money will be repaid! If it is bought after marriage, it belongs to the joint property of the husband and wife, half of which is for one person.
The parents transferred 40,000 yuan to the man's name, and you must have evidence that it was transferred. For example, from parents to his. If it cannot be proved, it can only be sent to the joint property.
The key to this illness is to prove that she got it before marriage, and if it can't be proved that when the divorce is divorced, it will be replaced by the sick party in a normal proportion.
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