My husband beat me all over and I want a divorce, but he won t go through the formalities, what shou

Reading between the lines, you are a young couple who have not been married for a long time.

The longest time of marriage will not exceed 3 years, and both parties do not have enough understanding of marriage, and they are in a period of marital instability. So divorce is not advisable! It can be seen from your words that the man is a more irritable person, and it is not advisable to use violence if he does not take an effective and reasonable solution to a matter.

I also doubt that you are talking about beating you all over your body, and I think the most you can do is push and shove and pinch each other and hit each other a few times. So in this respect, you are also responsible for being beaten. Even if a couple has committed violent acts, if you rashly file for divorce, it means that you are more naïve than the man, on the contrary, he is more responsible for marriage than you in addition to being irrational in handling family affairs!

There are 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.

You'll have to gather evidence! And your medical report, and then a court lawsuit, mandatory divorce!

Legal analysis: Divorce by agreement, if both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office.

When the marriage registration authority ascertains that the parties are really willing and that the issues of children and property have been properly handled, the marriage registration authority will issue a divorce certificate. A divorce lawsuit may be filed with the court, and 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.

If the other party has a situation of domestic violence, he can claim compensation after the divorce.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

If you are beaten, it is domestic violence, and you will call the police first.

Even if it's a divorce, he has to pay a little more.

If you can't keep it, why think about him anymore.

If the relationship has indeed broken down and you dare not go to the divorce by agreement, you can sue for divorce, and if the other party threatens personal safety, you can apply for a personal safety protection order after the lawsuit.

Anti-Domestic Violence Law of the People's Republic of China

Article 23: Where parties apply to the people's courts for a personal safety protection order because they have suffered domestic violence or face a real threat of domestic violence, the people's courts shall accept it.

Where a party is a person with no or limited capacity for civil conduct, or is unable to apply for a personal safety protection order due to compulsion, intimidation, or other such reasons, their close relatives, public security organs, women's federations, residents' committees, villagers' committees, or aid management bodies may apply on their behalf.

Article 24: Applications for personal safety protection orders shall be submitted in writing; Where there are truly difficulties in making a written application, the application may be made orally, and the people's court will record it in the record.

Article 25: The basic level people's court for the applicant's or respondent's residence or the place where the domestic violence occurred has jurisdiction.

Article 26: Personal safety protection orders are to be made by the people's courts in the form of rulings.

Article 27: The following requirements shall be met when a personal safety protection order is issued:

1) There is a clear respondent;

b) there is a specific request;

3) Having suffered domestic violence or facing a real risk of domestic violence.

Article 28: After the people's courts accept an application, they shall issue a personal safety protection order or reject the application within 72 hours; If the situation is urgent, it shall be made within 24 hours.

Article 29: Personal safety protection orders may include the following measures:

1) Prohibiting the subject of the application from committing domestic violence;

2) Prohibiting the subject of the application from harassing, stalking, or contacting the applicant and their close relatives;

3) Order the respondent to move out of the applicant's residence;

4) Other measures to protect the applicant's personal safety.

Article 30: Personal safety protection orders are effective for no more than 6 months, and take effect on the date they are made. Before a personal safety protection order becomes invalid, the people's court may revoke it, modify it, or extend it on the basis of the applicant's application.

Article 31: Where the applicant is dissatisfied with the rejection of the application or the subject of the application is dissatisfied with the personal safety protection order, they may apply for a reconsideration to the people's court that made the ruling once within 5 days of the ruling taking effect. Where a people's court makes a personal safety protection order in accordance with law, enforcement of the personal safety protection order is not to be stopped during the reconsideration period.

Article 32: After people's courts issue personal safety protection orders, they shall send them to the applicant, the subject of the application, the public security organs, residents' committees, villagers' committees, and other relevant organizations. Personal safety protection orders are to be enforced by the people's courts, and the public security organs, residents' committees, villagers' committees, and so forth shall assist in enforcement.

It can be said that you have to take up the law ** to protect yourself.

The country now has anti-violence regulations.

You can go to court and sue the other party to fight for your rights.

It's your own rebellious creation! Why didn't he dare to hit others? It's better to keep the scars and go to the Public Security Bureau to sue him! Go to court and sue him!

Sue him, you can sue him if the beating is serious, but you can also sue if it is not serious

It is not a joint debt of the husband and wife and has nothing to do with the wife.

According to the Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts", it is provided:

People's courts hearing divorce cases shall follow the "Marriage Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", and other relevant laws and regulations, to distinguish between personal property, joint property of husband and wife, and joint family property, adhere to the principles of equality between men and women, protect the lawful rights and interests of women and children, take care of the innocent party, respect the wishes of the parties, and facilitate production and life, and resolve them in a reasonable and reasonable manner. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

17. Debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife in the event of divorce.

The following debts cannot be recognized as joint debts of the husband and wife and shall be paid by one of the parties with personal property:

1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

2) One party finances the debts of relatives and friends with whom it has no obligation to support the other party without the consent of the other party.

3) One party has engaged in business activities without the consent of the other party, and its income has not been used for debts incurred by living together.

4) Other debts that should be borne by the individual.

The joint debts of the husband and wife should be legitimate debts resulting from lawful acts. The joint debts of the husband and wife mainly include:

1. Debts incurred by raising children and supporting the elderly;

2. Debts incurred in the purchase of daily necessities;

3. Debts incurred by one or both spouses or children or the elderly;

4. Debts owed by the husband and wife to others when they are jointly engaged in self-employment;

5. Where the house and other property purchased by one party borrowed money before marriage is converted into the joint property of the husband and wife, the debts incurred for the purchase of property borrowed;

6. The property acquired by both husband and wife or one of the spouses by inheritance is the joint property of the husband and wife, and the debts obtained by inheritance are also joint debts.

Therefore, debts arising from illegal acts are not included in the category of joint debts of husband and wife. Debts arising as a result of the violation should also be personal debts and not related to the other spouse.

You are divorced, his financial and other civil compensation has nothing to do with you, don't stop things, and don't disrupt your life because of him.

If the medical expenses have been awarded by the court, you can apply for enforcement.