If I am at fault, can I still file for divorce? Who will the baby be awarded in the future? What can

Updated on society 2024-07-10
11 answers
  1. Anonymous users2024-02-12

    OK. The judgment of the baby depends on whose family conditions are good, the time to take care of the baby is long, and whose family is more conducive to the growth of the baby.

    The party at fault will have less share of the property.

  2. Anonymous users2024-02-11

    Yes, the emotional discord is not separated and painful, and who the baby is awarded depends on the court's verdict.

  3. Anonymous users2024-02-10

    Adults should be reconciled to adults, try to deal with them in a negotiated manner, don't treat the child as property, or ask who the child is willing to go with, no matter what, don't let the child feel abandoned, and at the same time tell the child that your separation has nothing to do with the child, and you should care more about the child.

  4. Anonymous users2024-02-09

    According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income.

    The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

    Advice: Marriage is a big deal, and you should be cautious about getting married.

  5. Anonymous users2024-02-08

    Legal analysis: After a divorce, the child will be raised by both parties through negotiation, and if it cannot be resolved through negotiation, you can go to the court to sue for divorce. The court generally determines the custody relationship from the perspective of being conducive to the growth of the child and the daughter.

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

    Article 1084:The relationship between parents and their children is not eliminated by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or the 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.

  6. Anonymous users2024-02-07

    The court will generally make a custody judgment that is beneficial to the physical and mental health of the child.

    It will be comprehensively considered from the aspects of fertility, economic income, education level, nature of work, living habits, living environment, etc. However, children under the age of two years are generally awarded to the woman. For children over the age of eight, the court will give priority to the child's wishes.

    Children up to the age of two generally live with their mothers. If the child is under the age of two and both parties are fighting for custody of the child, and no agreement can be reached, unless the woman suffers from an incurable infectious disease or other serious illness and is therefore unsuitable to live with the child, the general court will award custody to the woman;

    2. If the two parties are over 8 years old and have a dispute over the ownership of custody, the opinions of the child shall be considered. Therefore, if the child is eight years old or older, in order to obtain custody of the child, it is necessary to obtain the child's consent and make the child more willing to live with the mother. Of course, it is cruel to let children make such an either/or choice.

  7. Anonymous users2024-02-06

    When the court awarded the child to the other party at the time of divorce, it does not mean that it cuts off the connection and blood relationship between you and the child, nor does it cut off your education and care for the child. You also have the obligation to educate, to raise you, and so on. It's up to you how you look at it.

  8. Anonymous users2024-02-05

    In the event of a divorce, the child is awarded to the parent who is more conducive to the child's development. The other party pays alimony.

  9. Anonymous users2024-02-04

    Legal analysis: 1. Children under the age of two live with the woman in principle. However, if the two parties reach an agreement and there is no adverse effect on the healthy growth of the children, they can also live with the man.

    2. If the child is under the age of two at the time of divorce, if the woman has any of the following circumstances that are not conducive to raising the child, she can live with the man: (1) suffering from an infectious disease or other serious disease that cannot be cured for a long time, and the child is not suitable to live with her, etc. 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 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, a reprieve or 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 gambling, drug abuse, or other bad habits that have been repeatedly taught and not changed; (4) They have been 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.

    The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. 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.

  10. Anonymous users2024-02-03

    Article 1084 of the Civil Code stipulates that the relationship between parents and children shall not be 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 the divorce, the father and mother still have the right and obligation to raise, educate and protect the children.

    After the divorce, children under the age of two years are directly raised by the mother. Where the parents of a child who has reached the age of two years and the parents fail to reach an agreement on the issue of 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.

  11. Anonymous users2024-02-02

    You need to make sure that the child will be awarded to you before you can consider child support.

    Generally, the child will be awarded to the parent who has the ability to take care of the child.

    Of course, if your husband gives up custody, the child will definitely be yours.

    However, if both parties want to have children, and your husband has no serious problems with his health and lifestyle, then it is better for you to find a stable job now, which will be more beneficial for you to fight for custody of the children.

    Otherwise, you don't have a regular job, and legally, you can't show evidence that you can give your children a good environment.

    The probability of the child being awarded to your husband will probably be a little bigger, domestic violence is a very serious problem, if your husband is very excessive in this regard, it can also be a reason to fight for the child, and finally said that the issue of child support should need to be negotiated, and the negotiation brother Sen will not succeed, and the court will probably calculate the monthly income of the party paying child support It seems to be 20 percent. . .

    I'm not a professional though, so it's best to consult more.

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