Decide what you need to do if you get divorced

The first preparation for divorce is to let go of the past.

No matter what the previous marital status of the two of you was, and what happened to get to this point, don't dwell on it anymore. From the moment you decide to divorce, everything about this person has nothing to do with you.

There will be better men in your future, and your ex-husband is just a thing of the past.

All we can do is tell ourselves to accept reality. Then plan how you will spend your life after the divorce.

You also need to think about whether your current savings and financial ability can guarantee your quality of life after divorce.

When you sort all these things out, you can calmly accept the fact of divorce and not collapse and make a fool of yourself in the divorce.

If there are children between the two of you, then you also have to think carefully about the custody of the children.

To whom? Do you want your child to follow you, or do you want to follow the other person?

If you want your children to live with you, then you must work hard to secure custody of your children.

If you want your children to live with each other, you have to negotiate with the other party how much support you will pay each month.

If your child is over 10 years old, you have to ask your child about his wishes.

There are many women who are reluctant to divorce in order to let their children grow up in a complete family and not let their children's young hearts be hurt.

But now that you have decided to divorce, you must tell your children this fact, and you need to use your heart and time to channel the sadness in your children's hearts.

The damage to children caused by parental divorce is irreversible, but you can minimize this damage.

When two people want to divorce, they have to mention the issue of property division.

You have to think about what your personal assets were before marriage and what your two of them had together after marriage.

Write it down in your mind first, have a number in your heart, and then collect evidence on the debts and creditor's rights of both husband and wife to prevent the other party from giving you a trick and forging some debts that do not belong to you in the first place.

Don't underestimate the issue of property division, even brothers.

can turn against each other for money, let alone a couple who want to divorce?

When you've pretty much figured out all of the above, it's time to think about how to convince both parents.

I think marriage is a matter for two families, and so is divorce. Both parents know about it, and they understand that they can no longer be in-laws.

If there is an economic exchange or interest involved, you can also use the fastest speed to clear the relationship.

When you think about all the above things and do them well, it is the best time to divorce.

Decide what you need to do if you get divorcedThere are two ways to divorce, the first is for both parties to go to the civil affairs bureau where the marriage is registered to handle the divorce by agreement, and when handling the divorce by agreement, they should bring their ID cards, household registration booklets, marriage certificates, and divorce agreements, which can generally be completed on the same day. Second, when the two parties cannot reach an agreement to handle the divorce by agreement, they may file a lawsuit for divorce at the basic level court where the defendant is located, and when filing the lawsuit, they should bring their ID cards and marriage certificates to the court's case filing division.

The law stipulates that the condition for a divorce is to determine that the relationship between the husband and wife has broken down, and if one party resolutely disagrees to the divorce during the litigation, the court can only provide evidence to prove that the other party has any of the following behaviors during the trial: cohabitation with others; committing domestic violence; gambling, drug abuse; However, in practice, due to the lack of legal knowledge, the parties generally have no way to provide evidence, resulting in the inability to reach their claims, and they need to file a lawsuit after 6 months in accordance with the law.

Legal basis: Article 32 of the Marriage Law of the People's Republic of China.

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.

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.

1. There are two ways to divorce: divorce by agreement and divorce by lawsuit. 2. If both parties agree to divorce, negotiate the division of property, child support, child support and other related issues to the marriage registration department.

3. If the negotiation fails, they can sue for divorce, and claim the division of the joint property of the husband and wife and fight for the custody of the children in the lawsuit. 4. The custody of children at the time of divorce is stipulated as follows: children under the age of 2 are supported by the woman; 2-10-year-old children according to the specific situation, see which party is conducive to the healthy growth of the child, which party will be raised; Children over the age of 10 also need to consider the child's wishes.

5. The maintenance fee is stipulated as follows: the party who does not support the child shall pay child support, and the amount of maintenance is between 20% and 30% of the personal income of the party without raising the child. 6. If the divorce is caused by the fault of one party, the party without fault may claim that the party at fault should share less of the joint property of the husband and wife.

Since it has been decided to divorce, both parties must formulate a divorce agreement, the distribution of property, the ownership of child custody, and the maintenance of children, how to pay, are clearly written on the agreement, and signed and pledged, you can go to the civil affairs department, marriage registration office, to go through the divorce procedures, as if the divorce procedures are now handled, there is still a six-month cooling-off period, the staff can be adjusted, and the divorce can be handled if the mediation is fruitless.

If you decide to divorce, you should arrange things after the divorce, such as renting a house, and plan to live alone. After the divorce, everything can't go back to the way it was. So be mentally ready. There is no regret about taking the medicine.

Communicate with the other party Negotiate to express your thoughts on divorce and understand the other party's thoughts, whether the other party wants to leave, do not think that this step is not important, on the contrary, it is the basis for a series of subsequent steps. According to the feedback given by the other party, consider whether to divorce by agreement or litigation, if the other party agrees to divorce, it is quite simple, divorce by agreement, wait for the 30-day divorce cooling-off period, and go to the Civil Affairs Bureau to get the certificate together; If the other party dies and does not agree to the divorce, 2 suggestions: Entrust a marriage lawyer to negotiate with the other party on your behalf to see if you can reach an agreement, you can reach an agreement, and handle the divorce by agreement; If there is still no agreement after negotiation, sue for divorce.

The lawyer's suggestion is (depending on the actual situation of the case), it is best to reach an agreement, after all, the time is relatively fast, the procedure is not so cumbersome, and the financial and mental loss is relatively small, but if the agreement is not reached, you can only sue.

Choose a divorce option.

The procedures for divorce by agreement and divorce by litigation are different, and the materials and documents required are also different.

Disposal of property. I am most afraid of the parties who ask what the family property is, and they don't know anything. If you don't even know the property status in your family, how can you maximize your match?

Therefore, it is necessary to be clear about the property situation in the family - the return of relatives to the house, car, savings, income, etc., if you find that the other party has a tendency to transfer property, consult a lawyer as soon as possible to discuss the plan, and if necessary, do property preservation.

Fight for child custody.

If you want to fight for child custody, you must first understand the general principles of judgment by judges.

Children under the age of 2 are generally raised by their mothers; Children between the ages of 2 and 8 will generally be considered based on the economic conditions of both husband and wife, stability, whether there are bad habits that are not suitable for raising children, whether the children can provide a good growth environment, and time spent with children.

For children over 8 years of age, the judge will listen to the child's thoughts. If you want to fight for child custody, especially for children between the ages of 2 and 8, it is best to collect evidence in favor of your claim under the guidance of a lawyer, which can improve your chances of winning the case. After all, the judge does not need the child more than whom, but determines who is more suitable to raise the child through evidence.

Legal basisArticle 32 of the Civil Code stipulates that if the relationship has indeed broken down and mediation fails, a divorce shall be granted. Therefore, the court grants a divorce on the condition that the relationship between the husband and wife has broken down.