Where is the loss of the woman filing for divorce?

The woman filing for divorce does not necessarily suffer a loss. First of all, the law protects both parties in a marriage relationship equally. Secondly, on the issue of custody, children under the age of two are directly raised by their mothers.

Then, on the issue of the division of property in divorce, the people's court divides the property in accordance with the principle of taking care of the woman.

Legal basis:

Civil Code of the People's Republic of China

Article 1041: Marriage and family are protected by the state.

Freedom of marriage, monogamy, and equality between men and women are practiced.

Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

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. 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. Where children have reached the age of 8, their true wishes shall be respected.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

China's Civil Code stipulates that, under normal circumstances, neither party will suffer a loss if he or she files for divorce.

However, when the woman files for divorce, the other party may seize the woman's eagerness to divorce and resolutely refuse to leave, forcing the woman to make concessions in terms of property or other aspects. In order to dissolve the marriage relationship as soon as possible, the woman has to make concessions in terms of property and other aspects, so as to achieve the goal of early divorce. Therefore, when the woman files for divorce, she must use the law to protect her rights and property.

Article 1077 of the Civil Code of the People's Republic of China stipulates that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

That is not a loss, and you can also start preparing evidence materials in advance, and give priority to the advantage.

Strike first.

Broken marriages need to be left early.

There are two ways to choose from divorce, when both parties agree to divorce, you can agree to divorce, the content of the agreement is mainly the disposal of the joint property of the husband and wife, the distribution of child custody and some agreed content, and then bring the agreement, identity certificate, marriage certificate to the local civil affairs bureau to apply for divorce. If one or both parties are unwilling to divorce, or both parties are willing to divorce, but cannot reach an agreement on property issues and child custody issues, and there is a dispute, then the only option is to file a divorce. Litigated divorce is characterized by its complex and lengthy procedures and the need to provide evidence to prove that the marital relationship between the spouses has indeed broken down.

Note: Citizens of Liaoning Province, Shandong Province, Guangdong Province, Chongqing Municipality and Sichuan Province who are not registered locally can apply for divorce at the marriage registration authority (local civil affairs bureau) in the place where the residence permit is issued with the residence permit of one party and the household registration booklet, ID card, marriage certificate and divorce agreement of both parties.

01 There is no question of loss for any party to file for divorce. In a divorce case, who files for divorce first has no impact on the outcome of the case. However, when the woman files for divorce, the other party may seize the woman's eagerness to divorce and force the woman to make concessions in terms of property or other aspects by resolutely not leaving.

Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation. According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. "The relationship between husband and wife has indeed broken down" is a legal condition for a divorce.

Dissolution of marriage refers specifically to the dissolution of the relationship between husband and wife through legal procedures. Either party filing for divorce is not a disadvantage. In a divorce case, who files for divorce first has no impact on the outcome of the case.

However, when the woman files for divorce, the other party may seize the woman's eagerness to divorce and force the woman to make concessions in terms of property or other aspects by resolutely not leaving. In order to dissolve the marriage relationship as soon as possible and get rid of it as soon as possible, it may be necessary to consider making concessions in terms of property or other aspects in order to achieve the purpose of "taking money to buy time" and thus divorce early. Therefore, if the woman files for divorce, she must use legal methods to protect her rights and property.

Divorce is divided into two ways, one is peaceful divorce, the other is litigation divorce, litigation divorce to go through legal procedures, generally the relationship breakdown will not be decided divorce, to say the specific reason for the breakdown of the relationship, and the division of property is negotiated by the two. If the woman files for divorce, she means that she must divorce, and she will be very tough in terms of attitude, if the man does not want to leave or has other plans, he will fight a protracted battle, and he may not be able to leave for 2 to 3 years.

In addition, after many women get married, they will quit their jobs, become housewives, have no economic income, and are out of touch with society. If you are divorced, whether you can accept the economic gap, and whether you know your own family property, but if you don't know your family's family property, you will suffer in the distribution of property. Many women want to divorce too much, they will give up their property when they file a lawsuit, and they will regret it immediately as soon as they divorce, don't be anxious about divorce, don't be provoked, money is still very important.

The party at fault gets less money.

Legal analysis: The woman does not suffer a loss when she files for divorce, on the contrary, by taking the initiative to file a divorce lawsuit, the woman can have more time and energy to prepare evidence in advance, so as to strive for the custody of the children as much as possible, and at the same time can contact the lawyer in time to preserve the joint property of the husband and wife and prevent the husband from transferring property privately.

Legal basis: Civil Code of the People's Republic of China Article 1079 Where one of the husband and wife requests a divorce, the relevant organization 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 the mediation is ineffective, Muqing shall be granted a divorce.

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.

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.

Legally speaking, the woman's filing for divorce will not have any impact on the ownership of custody and the distribution of property.

The principle of freedom of divorce is now adopted, and if the relationship between the husband and wife breaks down, either party can file for divorce.

The judgment of custody is based on the different ages and standards of the children, and there is still no special agreement on the general principle of property division, and the property after marriage belongs to the husband and wife jointly; However, psychologically speaking, the party who files for divorce usually has a strong desire for divorce, and the other party may ask the party who filed for divorce to make concessions on child custody or property, if the party who proposes divorce does not agree, it is not impossible to divorce, and you can also choose to divorce by litigation, as long as you want to leave, you can also divorce without the consent of the other party, but the time will be slightly longer, and it is best to reserve a year of litigation time.

Legal basis:

Article 1076 of the Civil Code of the People's Republic of China 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 1077 Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. 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 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.

When hearing divorce cases, the people's courts 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 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.

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

1. Where does the woman suffer when she files for divorce 1. Generally, when a woman files for divorce, most of the problems are men's problems. Women need to consider a lot of problems, and there is more pressure on them, if the woman files for divorce now, there will be some psychological problems, and there is also the family's incomprehension, and the face of society will be more disadvantaged. 2. Generally, the divorce is filed because the man has a problem and does not want to continue to entangle, but after all, he has many years of emotional experience, if the divorce is over, the woman's feelings will be difficult to come out, please delay your time, and it will also affect your work.

If the fan is long, there may be no hope for the relationship, and sometimes it will cause problems in the woman's heart. If a woman can't let go of her feelings for a long time, then she will also have some passivity about accepting new feelings in the future. 3. If you want to divorce, the property of the Shuangyu Dustogen party needs to be disposed of by agreement, and if the party who files for divorce first has advantages and disadvantages, the other party may be in a stalemate with you.

It's been a long time, and it's not good for each other. Therefore, when filing for divorce, you must properly think about the following issues and have a mental preparation to deal with some trivial matters. 2. How should a smart woman divorce 1. Determine your property After the divorce by agreement, you need to sort out your feelings, and in the process of combing, you also need to deal with it calmly'。

2. Keep copies of all divorce documents A wise woman will have a general analysis of marriage before divorce, and some women will arrange things very properly after marriage before they get married. Including property, children, the elderly of both parties should think clearly, prevent the other party from acting out of their brother and other destructive behaviors, and always keep the original or copy of some evidence or documents of the divorce. In fact, when dealing with the issue of divorce, we should not be impulsive, if we can redeem it, we should try to redeem it.

If both parties insist on the divorce, then there should be a clear deal of what will happen in the future. If the woman files for divorce, it is mainly reflected in the heart and spirit, because women can't withstand setbacks, especially this kind of betrayal feelings, divorce is tantamount to giving her a heavy blow, and some women will be hurt because they can't withstand setbacks, and they will inevitably do some regrettable behaviors. But there are also some smart women who should reasonably protect their rights and interests.

Since the relationship is gone, there needs to be a certain amount of security in other aspects. Since the other party's heart is no longer here, it is useless to force it. So a wise woman will choose to leave and look for a new life.

This is the end of one's previous relationship, and it is also a way to welcome the arrival of a new relationship.