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There are two ways to divorce in my country, one is divorce by agreement and the other is divorce by litigation, you can choose according to your own situation. Divorce by agreement, that is, the husband and wife sign the divorce agreement and go to the Civil Affairs Bureau to go through the formalities such as divorce registration; Litigation for divorce, filing a lawsuit in court regarding marital relations, child support, property disputes, etc.
Tips: If the husband and wife can reach an agreement on the divorce issue, they can consider divorce by agreement, because the cost is small, if you cannot reach an agreement due to child support, debt division, and division of joint property, please choose litigation divorce. If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.
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].Article 1076 of the Civil Code 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 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 of 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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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.
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 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.
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It's better to leave the same! That is, for the sake of security. Multi-point property. That's it. My personal thoughts. Try not to leave. If only there was any misunderstanding cleared up. Because divorce has a negative impact on society.
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When a wise woman divorces, they will choose to maximize their benefits, and they will let themselves get more benefits, for example, they will ask for more money, and they will not feel that they will leave any room for each other, but they will only get the maximum benefit for themselves.
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For divorce between husband and wife, those smart women usually transfer their property early, and always find reasons for divorce caused by their husband's fault, so that when they sue for divorce, they can get some compensation from Dove
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For smart women to divorce, they will ensure their best interests when they divorce. Protect your own interests, and you can also handle a divorce for the other party.
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If a smart woman wants to divorce, she should find the weakness of the other party, let the other party share less property, and divorce willingly.
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Women don't think about divorce anymore, divorce is not good for everyone, and it is not good for children, so everyone will be hurt, and children are more willing to wear it.
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Marriage will make love dull, and if the relationship deteriorates in the process of getting along, then it will eventually end in divorce. So how should a smart woman divorce?
1. First of all, before divorce, a woman should first run her own business.
With a career, life after divorce is secure. It can also divert a woman's attention and get out of a failed marriage. Career can give a woman a sense of security in addition to feelings, just like a cushion for the undertaker below when bungee jumping.
2. Then, before divorcing, women need to learn to improve themselves.
To improve yourself is to make yourself self-confident, not to let yourself be burdened with the label of failure, and to move forward with weight in the days after the divorce. Before the divorce, a woman learns to dress up in her image and improve herself in temperament, so that she can regain her self-confidence and face her life after divorce.
3. Finally, before divorce, women must learn to find their former selves.
Finding oneself is an expression of self-love. Women must love themselves first at all times and learn to be selfish with themselves. Before a woman divorces, she must learn to find her former self, regain her original appearance, and learn to live in the way she likes, so that she can live more comfortably and comfortably.
Advice for women who are preparing for divorce.
1. Don't hurt your child.
If a woman is ready to divorce, she must have a good preparation for her married life, divorce is a turning point for a woman, and sometimes it will hurt the children, so you must let the children be psychologically prepared.
2. Economic independence.
If a person wants to divorce, he must have an economic foundation, if he does not have a certain financial **, then he will definitely have a hard time after the divorce.
3. There must be a divorce agreement.
In order to ensure that your own interests are not harmed after the divorce, you must do a good divorce agreement, and the words in black and white must be very clear.
4. You can ask your family for help.
Marriage is not an embarrassing thing for a woman, so if you encounter difficulties, know how to ask for help and get yourself through that most difficult period.
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Some marriages can not be divorced, not to say that in order not to divorce and make do with it, let yourself be consumed in a painful marriage, but to think about whether it is possible to restore the relationship between two people without divorce and make the marriage rejuvenated.
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If you do feel that two people are not suitable for the situation and need to divorce. If there is a good reason. It is better for two people to break up peacefully. No fighting, no fuss. So that no one will be affected.
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Tell my husband directly, you once gave me good expectations, and now I haven't found it, for each other's sake, let's break up!
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191-36276-393 Collect evidence in your favor and fight for custody of property. You can find Tracelaw to help you investigate, they are very good at this.
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A wise woman, divorced is also a woman. It's good to get divorced.
But it's better to live alone or two.
When a woman is divorced, find a better one.
If a woman is divorced, she can also play by herself without looking for it.
After a divorce, should a woman look for it? It depends on the individual's feelings. If the woman thinks it's good to be alone. Then you don't need to look any further. If this woman thinks that one person can't do it or needs two people. Then find another one.
After getting married, if a woman wants to find a suitable one. It can't be the same anymore. Have a clear goal. to find the right man.
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A smart woman will let a man get out of the way.
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1. Grasp the evidence of divorce and fight for the property of the husband and wife. When divorcing, fighting for property is a kind of self-confession, a consolation to oneself for so many years, and a punishment for the husband's mistakes. Money is the umbrella of a divorced woman and her children, which can prevent her from being displaced.
Money is the material basis that can be slightly compensated for in addition to the harm caused by divorce to children, and a basic guarantee for living after divorce.
2. In the face of divorce, children should usually be given priority, and most women will say the sentence "give me the child, I don't want anything" first. Tiger poison does not eat children, no matter what kind of parents, they all love their children, and some regard their children as the hope of the second half of their lives, so as long as they are accompanied by children, they are willing to give up everything, but we have to figure it out, you don't want anything when you divorce, do you sleep on the street with your children? Do you drink the Northwest Wind?
Besides, you shouldn't have compassion for such a ruthless man, and he has an obligation to raise children.
3. Inform your parents that your parents are a warm harbor. When divorcing, some women will hide from their parents and go through the divorce first, for fear that their parents will stop them, and they are afraid that their parents will blame them. A wise woman will inform her parents of such a major choice in advance, and only after discussion and analysis will she make a careful decision on whether to divorce or not.
In addition to love, family affection is more mellow and warm. Every woman goes through a painful period when she gets divorced, but her parents are a warm harbor for you.
4. In the shortest possible time, find a job and make yourself completely independent. Most women are a vulnerable group when facing divorce, especially stay-at-home wives. Financial independence means whether a woman's life after divorce will be comforting or not, and whether a woman has the ability to support herself.
Although you are not confident and confident when looking for a job. But it would be nice to grit your teeth and get back to yourself that you once lost. Independence is a kind of confidence for a woman to live.
When I divorced, I realized that the once soft love had become a sharp knife that cut my life. Only by leaving the wrong marriage can you live your own life; Only by leaving the wrong person can you meet the right person. No matter how much you love someone, when they no longer love you, love and marriage lose their meaning.
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When a smart woman divorces, how should she leave? When a wise woman divorces, she will not have a quarrel with her husband, she will collect evidence of his betrayal of her, and take the financial power of the family into her own hands. Choose to divorce your husband with independent employment and sufficient financial support.
Happy married life.
It must be the result of the joint efforts of two people, and if only one of them makes efforts, it will inevitably lead to emotional conflicts. Sometimes, it's easy to mention divorce when couples are arguing, but most couples just feel the urge and don't really want to get divorced. If a man decides to divorce, he will not leave the other party with any chance.
At this time, women should think about what they should do.
When a wise woman divorces, she doesn't get into a fight with her husband, she plays the emotional card. Especially if her husband is at fault, she will choose to forgive first. At the time of divorce, then the husband will feel that he owes you because of guilt, and will naturally give you more compensation.
And before the divorce, a smart woman will collect evidence of her husband's betrayal of the marriage, and show him a showdown at the time of divorce, leaving her husband speechless and fighting for what she deserves.
A wise woman will be ready to be independent before divorcing. Many women may lack independence in their marriages because most women are dependent on men and many women do not have an independent economic base.
If a woman wants to get a divorce, they must be prepared to be independent before the divorce. Only in this way can they ensure their future life and not bring problems to their food, clothing, housing and transportation. Therefore, independence is very important for women.
When a wise woman divorces, she needs to have enough financial support. Before that, whether you are a housewife or not.
Whether or not you have the financial power of the family depends on how the economy is distributed. The economy determines the superstructure.
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When divorcing, women must hold the financial power, and they must also make themselves good enough to make the other party regret it, so that the smartest woman divorces.
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Before divorcing, you should collect evidence in your favor, and at the time of divorce, you should get all the property that belongs to you.
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Pack up your mood, take your money and the things that are important to you, and leave with no memories.
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There is a rented façade and warehouse, only goods and no money, what should I do.
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A wise woman should protect her property before marriage, and before or after marriage, she can agree on how to distribute the property and debts after marriage, and if the other party defaults, she will bear the liability for breach of contract, and reach a written agreement. In this way, in the event of divorce, whether it is a divorce by agreement or a litigation divorce, you can better protect your interests from infringement.
Personal property under Chinese law includes: the premarital property of one party; compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; daily necessities for one party; Other property that should belong to one party.
The joint property of husband and wife after marriage as stipulated by the laws of our country includes: wages, bonuses, and remuneration for labor services;
income from production, operation and investment; proceeds from intellectual property rights; Inherited or donated property, except for property that is determined in a will or gift contract to belong to only one party; the income obtained by one party from the investment of personal property; The basic pension, bankruptcy resettlement compensation, housing subsidy, and housing provident fund actually obtained or should be obtained by both men and women.
[Relevant Laws].
Article 1062 of the Civil Code? The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063? The following property is the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1065 of the Civil Code? The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.
Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
Article 1087 of the Civil Code? In the event of a 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.
To find the man's fault, you must leave all the evidence of the way the man is sorry.
After the parents divorce, whether the woman has children or not, the children are innocent, and the dissolution of the marriage does not eliminate the parents' love for the children. The husband and wife should communicate properly, decide the ownership of the child, and choose the one who is most conducive to the child's growth and education. >>>More
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