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1. How to divide the debt is very complicated, the court has to see which of the two parties is at fault in this divorce case, and the innocent party will get more property, such as the domestic violence you said, your friend did not use domestic violence, his wife used it, if there is evidence to prove it, his wife is at fault. 2. The daughter can be awarded to your friend, but the boy is still breastfeeding, and it will generally be awarded to the woman, unless you have sufficient evidence to prove that she is not suitable for taking care of children (financial problems are not a problem, they are divorced, and those who can afford it have to regularly give a certain fee to those who have no income. There is still good evidence of the use of violence, etc., and it is possible.
3. This is for sure, and agreements are generally difficult to reach. 4. Find a lawyer to write a complaint, the procedures are not complicated, the time is not easy to say, and the problem will be solved in a few months if the evidence is good, but if the divorce is not allowed, you will have to wait a year before you can sue. These can be seen in the Marriage Act
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1. The debt is a joint debt of the husband and wife, in principle, it is half of one person, and even if the divorce is divorced, it will bear joint and several liability; 2. In principle, children under the age of two are raised by their mothers, unless it can be proved that the woman has reasons that are not suitable for raising (such as drug abuse, abuse, etc.) 3. After the two parties reach an agreement, they can go directly to the marriage registration department to handle the divorce by agreement, and if no agreement is reached, they need to sue the court for divorce and divide property and debts according to law; 4. Bring a copy of the civil complaint, marriage certificate and plaintiff's ID card to the court for litigation. The summary procedure for hearing cases before the court is concluded within three months, and the ordinary procedure is concluded within six months.
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1. In principle, the joint property after marriage shall be shared if there are no other circumstances; 2. If there are no other circumstances, the debt is a joint debt, which should be repaid by the common property, and the creditor may require either party to repay the insufficient part; 3. Without clear evidence, it is impossible for all children to belong to the man, especially if the child is breastfeeding; 4. Agreement and litigation are all ways to divorce, and if you enter the litigation procedure, the time depends on the caseload of the local court.
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1. It is a joint debt after marriage and is jointly borne. 2 At most, only one child can follow the man, and it can only be the 9-year-old one, and the newborn one is breastfeeding, and it must belong to the woman. 3. The lawsuit shall be brought to the court and the trial shall be completed within 1 month at the latest. Beg.
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In the case of divorce, you can divorce by agreement or choose to divorce by litigation. In the case of mutual divorce and divorce by agreement, as long as the husband and wife agree on certain things, and there is no violation of the mandatory provisions of the law and public order and good customs, the divorce agreement is valid.
In the case of litigation divorce, it takes a long time, and in the process of litigation divorce, there are more restrictions imposed by the law, and there is less agreement between the parties.
[Legal basis].
Civil Code of the People's Republic of China
Article 1076: [Divorce by Mutual Consent]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 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 1077: [Cooling-off Period for Divorce]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: [Divorce Registration] Where the marriage registration authorities find out 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:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organizations 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 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 ambition or discord;
5) The circumstance that he caused the breakdown of the relationship between the 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.
Article 1080:[Time for Dissolution of Marriage Relationship]The marriage relationship is dissolved when the registration of the divorce is completed, or the divorce judgment or mediation document takes effect.
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There are two ways to divorce: 1. Divorce by agreement at the marriage registration authority, 2. Filing a divorce lawsuit in the people's court.
Divorce by agreement refers to the fact that both parties go to the Civil Affairs Bureau to register the divorce, and litigation divorce refers to the fact that both parties go to the court and the court issues a mediation or judgment for divorce. If both parties fail to withdraw the application at the marriage registration office within 30 days, the parties will then go to the marriage registration office to obtain the divorce certificate after the 30-day period expires, but if they do not go to the marriage registration office to collect the divorce certificate within 30 days, it will be deemed that the divorce application is withdrawn.
Litigation divorce is a divorce in which one of the spouses does not agree to the divorce, or cannot reach an agreement on the division of property, debts and child support after marriage, and one party files for divorce in a court with jurisdiction.
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Divorce is a personal choice, and it may be the best way for couples who are not suitable to live together. Divorce can also sometimes be a necessary means to resolve some of the couple's relationship difficulties. For example, if there is insufficient communication and mutual understanding between couples, or there are safety and health issues (such as domestic violence), divorce may be the best option.
Not only may divorce make a couple's life more stable, but it can also protect the couple's life and their children's fortunes. Divorce may also give couples a chance to start their lives anew and allow them to find a better spouse.
Despite the benefits that divorce can bring, it also has some negative effects. Divorce can lead to financial and psychological difficulties for both parties, especially the children may be affected. Children may feel frustrated and lonely about the divorce, and they may lose a part of their family and affection for support.
Children need a stable family environment as they grow up, and sometimes divorce can be detrimental to their healthy development. In addition, divorce can also affect the social and economic ties between couples and can have a negative impact on the self-esteem and dignity of couples.
In conclusion, divorce has its pros and cons. It can be a necessary means for couples to have difficulties in their relationship, and it can also have unpredictable consequences. Therefore, before making a decision, the divorced couple should think carefully and weigh the pros and cons, and try to compromise and solve the problem.
Above all, for the sake of the future of the children and the family, couples should use peaceful and rational ways to solve problems. <>
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