My family is at odds. The law of divorce is not understood. Which one will explain?

I'm a lawyer.

There are two kinds of divorce, one is divorce by agreement, that is, the couple reaches a divorce agreement (including property division, child support, etc.), and then goes to the Civil Affairs Bureau to get a divorce certificate.

The second is statutory divorce, that is, if the husband and wife cannot reach a divorce agreement, either spouse can file a divorce lawsuit with the court, and after the court accepts it, it is generally mediated first, and then the judgment is made. However, statutory divorce is generally troublesome and difficult, and the biggest reason for the judge to grant divorce is the breakdown of the relationship between the husband and wife. Generally, the husband and wife have been separated for two years, or severe domestic violence, etc

I suggest that if you want a divorce, it is better not to go through the court procedure and just divorce by agreement.

That's going to take a long time. You can say what you don't understand, **. It's not easy to get married, don't get divorced easily. Unless it is a heinous sin that is really unforgivable, divorce can be considered. Otherwise, marriage is of your own free will, and divorce you will regret it.

Legal analysis

Divorce without leaving home means that the party who does not have a house can temporarily live in the party who has a house after the divorce. In the event of a divorce in accordance with the relevant legal provisions, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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 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:Within 30 days of the marriage registration organ's receipt of the application for divorce registration, if either party is unwilling to divorce, the marriage registration authority may withdraw the application for divorce registration. 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 consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

In this case, I generally can't accept it.

Family members must get along with each other with a sense of responsibility, and when encountering any problems and difficulties, they must actively discuss and communicate with others, so that they can better trust and understand each other, and can face a better life in the future together, so they are responsible for the family and life.

Others say: keep a positive and optimistic attitude to face everything. However, when things happen, we often have all kinds of negative thoughts, how many people seem positive and optimistic when facing others, but are full of negative thoughts when facing their own hearts.

We all know that we have to look at the good side of everything, but we always feel that we don't know where the good is in the **. Some people know how to encourage themselves and affirm themselves, but if the pressure of life and work cannot be adjusted well, the motivation will become weaker and weaker.

In fact, no matter what kind of situation you belong to, when you perceive that you are in a negative state, you just need to know what is the importance of a positive and optimistic attitude, it can also help you stop the spread of bad emotions, and a positive and optimistic attitude will unconsciously improve your relationships.

When we have some negative thoughts and emotions, we always hope that someone can listen to us patiently, and in general, it will be easier for others to understand your emotions, because they know that your problems and troubles are not caused by them, so they can be a bystander, and they will actively encourage you.

Understand that a positive and optimistic attitude is related to your own life, and if you can't maintain a positive and optimistic attitude, people's motivation to do things will become weaker and weaker, and eventually they will stop.

So it's important to have an optimistic and positive attitude, if we have more positive emotions, we can not only feel more happy, positive, optimistic and happy, but also expand our horizons, so that we can think and act in a good state of mind, and be more creative than usual.

As long as the agreement between the two parties is consistent, it is legal.

Due to subjective and objective reasons, the original husband and wife are still living together, or although they do not live together, the woman still lives in the man's house, and there is no division of property. If both parties do not leave home after the divorce is registered, and they still live together, it does not produce the effect of a legal marriage.

On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981. The Marriage Law of the People's Republic of China, promulgated on May 1, 1950, shall be repealed as of the effective date of this Law. Amended at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001.

Divorce without leaving home means that the spouse who does not have a house can temporarily live in the spouse who has a house after the divorce.

According to Article 42 of the Marriage Law of the People's Republic of China, if one party is in difficulty in living in a divorce, the other party shall give appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 27 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that the term "living difficulties of one party" as used in Article 42 of the Marriage Law refers to the inability to maintain the basic standard of living in the local area by relying on personal property and the property obtained at the time of divorce.

If one party has no place to live after the divorce, it is a hardship in life. In the event of a divorce, one party may provide assistance to the person in difficulty in the form of housing in his or her personal property, which may be the right to live in the house or the ownership of the house.

There is no such provision in the Marriage Act. After the divorce of the parties, the handling of property division and child support issues shall be carried out according to the judgment of the court or the divorce agreement of the parties. In real life, due to the restrictions of living conditions, there are also cases where husband and wife still live in the same suite after divorce, in this case, the law will not interfere, and it is up to both parties to reach an agreement.

Who owns the house after divorce? If the house belongs to you, but the other party refuses to move out, it can be considered illegal entry into the house in legal theory. But after all, if you are a husband and wife, you won't use the law to force each other to move out, right?

Since they are all divorced, if the house does not belong to them, I think most people already know how to do it!!

Divorce without leaving home means that the man and woman still live together after divorce, and a cohabitation relationship is generally formed in the case of divorce without leaving home, and a series of problems arising from the cohabitation relationship are generally not protected by relevant laws. The law does not specifically prohibit cohabitation, but it is also necessary to guard against the legal risks that arise from it.

Article 1076 of the Civil Code of the People's Republic of China provides that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus reached on matters such as child support, property and debt handling.