How old can a child get a divorce? How old are children who can get a divorce

The younger the child, the better the divorce.

1. Children aged 0-3 years.

Children aged 0-3 years are more in need of physical development, and the need for parents is particularly frequent and cannot be separated. As long as they can establish a long-term and stable relationship with the main caregiver, they will be better cared for.

Therefore, the divorce at this stage is the least harmful to the children, because they have not yet formed a sense of self, and as long as the children follow the person who has taken care of him for a long time after the divorce, the subjective feelings will not be very confusing.

At this stage, it is important not to use the young age of the children as an excuse to maintain the marriage, because their nerves are slowly emerging, and they are sensitive to all the external worlds, and the long-term discord and quarrels of the parents will affect the development of the children.

2. Children aged 3-5 years.

At this stage, children are relatively less dependent on their parents, but this stage is the main period for the formation of children's sense of security, and the long-term absence of parents will make them feel panicked and scared, so parents should ensure companionship.

At this stage, divorced parents should not blindly fight for custody and ensure that the child follows the parent who is more dependent on them on a daily basis, and the other parent can give regular companionship.

3. Children aged 6-13 years.

At this stage, children already have a clearer understanding of separation, and their emotions are stronger, so it is difficult to accept the separation of their parents, and they will always try to get their parents back together through their own abilities. If it is not handled well, it will leave them with indelible scars for a lifetime.

Their feelings are very strong, so during this period, divorced parents should try their best to take care of their children's emotions, do not be too troublesome, and express their love to their children more.

Let the children leave after they go to junior high school, and it is not good for the children to leave early.

Legal Analysis: Anytime. China practices a marriage system of freedom of marriage, monogamy, and equality between men and women. Freedom to marry is not only the freedom to marry, but also the freedom to divorce.

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

Article 1078 Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Article 1080:The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

Legal Analysis: According to the Civil Code, children should respect their parents' marital rights and should not interfere with their parents' divorce, remarriage and life after marriage. There is no stipulation on how old a child can be divorced, and divorce is a voluntary act of both husband and wife, but the man may not file for divorce during the woman's pregnancy, within one year after childbirth, 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.

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

Article 1069:Children shall respect their parents' marital rights, and must not interfere with their parents' divorce, remarriage, or post-marital life. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

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 and their consensus on matters such as child support, property, and debt disposition.

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, there is an exception for the woman who files for divorce or where the people's court deems it necessary to accept the man's request for divorce.

Legal Analysis: Two people can get a divorce no matter how old the child is.

1. As long as both parties reach an agreement on divorce and sign a divorce agreement through consultation on property, children and other issues, the husband and wife can go to the marriage registration office to register the divorce.

2. If a divorce is divorced by litigation, the divorce shall be granted as long as the court finds that the relationship between the husband and wife has broken down.

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

Article 1076 Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

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 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 of this group; 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;

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 emotional discord;

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.

If, after the people's court has ruled that divorce is not allowed, the parties have lived separately for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Lawyer answer: Ma Xiang:

After the child is one year old, he can sue for divorce. The law stipulates that a man cannot file for divorce within the child's first year of age unless the woman has committed a major fault such as bigamy, and this restriction is not applicable to the woman's lawsuit for divorce. If the husband and wife divorce voluntarily and can agree on other divorce matters, no matter how old the children are, they can go to the civil affairs department to register the divorce.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China.

The man may not file for divorce during the woman's pregnancy, within one year after childbirth, 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.

The condition for the court to grant a divorce is that the relationship between the husband and wife has broken down, and if you have a good relationship, it is very difficult to grant a divorce. Also, how old is the child? The law stipulates that children are generally raised by the woman within 2 years old, and from 2 to 10 years old, the conditions of both parties are more conducive to the growth of children, and the opinions of children should be solicited over 10 years old.

If there are two children, in principle, one person is too tall), but in practice, the judge has always made a judgment based on the principle of the best interests for the child's growth.

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 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.

If a child has reached the age of 8, the true wishes of the child shall be respected.