My daughter is eight years old and doesn t know if she should get a divorce

If you can, you can't leave. After all, it's not easy to have a home.

Every family has problems of one kind or another.

But no matter what kind of problem you have, first of all, you must first see what is wrong with you!

The windowsill is bare, there are no red flowers and green leaves, the room is dirty and I don't want to clean it, and the relationship with his parents is not good, and I have to get by every day" This kind of question, what should I do, it seems that I should ask myself.

Personally, I think that before you get divorced, when you are still the mistress of the family and the mother of the child, only by doing what you should do can you have the confidence to insist on yourself.

If you don't do what you do, how can you talk about anything else?

The questions you should be thinking about right now are:

In the past few years, what have you not done well and can be improved?

If you get divorced, can you feel at ease and feel guilty about your children in the future?

If you get divorced, will you be able to live better?

It's messy! Actually, what is the problem between you?

Divorce is often unfortunate for every family, and the child is innocent, and the future of the child is very bad.

Depending on the individual's situation, couples need to understand, tolerate and trust each other for the rest of their lives!

The divorce of the child at the age of eight depends on the situation. For children who have reached the age of eight, they shall take the initiative to ask for the children's opinions, and give priority to the children's decisions. In accordance with the provisions of the relevant laws of our country, when the people's court hears the ownership of child custody, it makes a judgment based on the principle of being conducive to the growth of the child, and for the 8-year-old child, who is more conducive to the growth of the child is generally awarded to whom.

The details of who the divorced children are with are as follows:

1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they may live with their fathers: they suffer from infectious diseases or other serious diseases that have not been cured for a long time, and the children are not suitable to live with them, and they have the obligation to support them if they have the conditions to support them, and the father requires the children to live with them, and the children are truly unable to live with the mother for other reasons;

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted;

3. For the children of Minhong who are minors over the age of two, both the father and the mother are required to live with them, and if one party has one of the following circumstances, priority may be given: if the child has been sterilized or has lost fertility due to other reasons, the child has lived with him for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child, and there are no other children, and if the other party has other children, the child lives with him, which is beneficial to the growth of the child, and the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time. or there are other circumstances that are not conducive to the physical and mental health of the children, and it is not appropriate to live with the children;

4. The conditions for raising children are basically the same for both fathers and mothers, and both parties require the children to live with them in the same household, but if the children have lived alone with their grandparents for many years, and the grandparents request and have the ability to help the children take care of their grandchildren, they may be considered as a priority condition for the children to live with their parents;

5. In the event of a dispute between the parents over the age of eight over that a minor child living with his or her father or mother, the opinions of the child shall be considered;

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

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

Article 1084:The relationship between parents and children is not extinguished by the divorce of the 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. Where the parents of a child who has reached the age of two cannot 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.

Legal analysis: For the joint property of the husband and wife, such as the house, the wages of both parties, etc., you can negotiate with the other party first, and if you reach an agreement, you can divide it according to the agreement. If the negotiation fails, you can file a lawsuit in court.

Generally speaking, if there is no special agreement on the joint property of the husband and wife, an equal division can be claimed at the time of divorce. For the issue of child custody, you can negotiate with the other party first, and if the negotiation fails, the court will make a judgment according to the principle of conducive to the child's growth. If there are two children, it is more likely that one party will raise one.

If it is not good for the child's growth that one party is raising the child, it is also possible for only one party to raise the child.

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

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' 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; 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 a family to cause disturbances;

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.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal Analysis: Where a child is 8 years old, the true will of the child shall be respected and the judgment shall be made in accordance with the principle of the best interests of the minor child.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not eliminated by the divorce of the parents. After divorce, whether the children are directly raised by the father or mother, they are still the children of both parents, and after the divorce, the parents still have the rights and obligations to raise, educate and protect the 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 of the two households fail to reach an agreement on the issue of custody, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor children. Where children have reached the age of 8, their true wishes shall be respected.