I want to get a divorce, but what if I have children

Whether it is a couple with children or a couple without children, there are two main ways to divorce, divorce by agreement and divorce by litigation. The divorce procedures are different for the two types of divorce.

Divorce by mutual agreement when having children:

Divorce by mutual agreement refers to the way in which the parties determine the division of the joint property of the husband and wife, the assumption of joint debts of the husband and wife, and the custody of children and other related divorce matters through negotiation.

1. After the divorce parties negotiate the custody of the children, they sign the divorce agreement.

It should be noted here that the determination of the custody of the child should be based on the principle of being conducive to the healthy growth of the minor, and the opinions of the child should be taken into account.

2. Bring the relevant materials to the marriage registration authority of one party's household registration place to go through the divorce registration.

Materials to bring:

ID cards of both parties;

Hukou of both parties;

Marriage certificate; Divorce Settlement.

Note: The marriage registration authority at the time of divorce can only choose the marriage registration authority of the place of residence of the divorced parties, and the two people who are in different places can also go to the court to sue for divorce after signing the divorce agreement.

1. If both parties can reach an agreement on divorce, child support, property division and other issues, they can personally bring their ID cards, household registration booklets, marriage certificates, and divorce agreements to the marriage registration authority where one party has permanent residence to register for divorce.

2. If the two parties cannot reach a consensus on the above issues, the party who wants to divorce may file a lawsuit for divorce with the court where the defendant is domiciled. Where the defendant's habitual residence is inconsistent with his domicile, the court for the defendant's habitual residence has jurisdiction. If the court finds that the relationship between the husband and wife has broken down, it shall grant a divorce.

The court will decide the issue of child support based on the following principles:

Children under the age of two are raised directly by their mothers.

For children over the age of two, where both parents fail to reach a maintenance agreement, 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.

Children over the age of eight should be respected.

Article 1076 of the Civil Code provides that if 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.

There are two ways to get divorced:

First, divorce by agreement, after the husband and wife reach a divorce opinion, and reach a consensus on the division of property and child support, they can go to the Civil Affairs Bureau in person to go through the divorce procedures;

Second, if the two parties fail to reach a divorce through negotiation, they can use the method of litigation divorce to divorce, and the plaintiff's ID card, marriage certificate, and complaint are required to file a case in the court to file a lawsuit for divorce.

I really can't mix it up, the child's parents are their own, and the rest doesn't matter, and those who come reluctantly are not necessarily happy.

What is the reason why a child must be left without a home?

Left, go back regularly to see the children.

According to the provisions of China's Civil Code, children under the age of two are raised by their mothers in principle; From two to eight years old, it depends on who has better conditions and is more conducive to the growth of children; If the child is over the age of eight, the child will choose who to live with.

How old are you? How old is the child? Why divorce? In fact, it's the same after living for a long time! I've been looking for it for a long time, and it's still like this!

If you want to divorce the other party, I suggest that you negotiate first, and if you can agree on the arrangement of property and children, divorce by mutual agreement is a more peaceful way to deal with it.

Because in the case of litigation divorce, the overall process is relatively long, you need to prepare the complaint and arrange time to go to the court, and sue for divorce for the first time, if the parties are not separated or the accused party is not at fault, the court will usually not grant the divorce. In fact, if both of you are willing to divorce, the impact of the agreement on both of you will be relatively small.

3. After the marriage registration authority has reviewed and the 30-day cooling-off period expires, both parties will jointly go to the marriage registration authority to obtain the divorce certificate.

According to Article 1076 of the Civil Code, if the 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 results of consensus on matters such as child support, property, and debt disposition.

As for the distribution of property in the event of a divorce, I recommend that it be clearly stated in the agreement. Usually, if it is marital property, legally speaking, it is half of one person, and if it involves a down payment or other pre-marital parts, it is personal property and cannot be counted as dividing it in the event of divorce. But remember to write it clearly in the agreement.

In addition, the custody of the child, since you divorce by agreement, you can also negotiate the custody of the child, but if you can't negotiate, it is estimated that you will still have to go through litigation to determine the custody.

According to the question you asked, I will answer it for you and send you the legal knowledge related to your question, which is very helpful to you, you can take a look at the content I sent you.

Divorce with children, it is advisable to be cautious

I think his or her parents will always love them, but the way of love is going to change. Of course, I also admit that there will be some harm to the child to varying degrees. But children will always grow up, and we will age day by day, is the purpose of this life to give children a complete home with no name on the surface?

First of all, consider whether your husband loves his own children, and after leaving, as long as you give your children the same love, then why not. After all, there are more and more divorced people now.

I have severe depression, I can't help hurting myself when I see my husband, I want to divorce, he agreed, but my parents, relatives and friends all said that I was making trouble, I just wanted to let myself go.

If the marriage really can't be sustained, give the child a proper placement and tell the child that Mom and Dad are not in love with him anymore, but that they are not good together, it is very painful, and even if they are separated, no matter who the child lives with, the other party will always be his father or mother. Think carefully about whether your marriage has reached the point of no return! Bless you!

seems to feel that divorce is a disaster for the children, and it destroys the children. I don't think anything is absolute, and getting divorced doesn't mean that the children are necessarily unhappy, and they will lose everything and never be happy again.

My neighbor's house often heard the sound of two people scolding, crying, and colliding objects in the middle of the night. What I couldn't stand the most was the child's crying: "Mom and Dad, don't hit ......."Stop it! "I can't imagine how long that fragile and young heart can endure ......

If the answer is yes, you have the right to choose your own life! Unhappy marriages are shameful, and sometimes divorce is really an effective way to improve the quality of marriage. Children will not grow up healthily in such an environment.

I don't know why you want a divorce. A marriage without love is really sad. Regardless of the final outcome, I sincerely wish your child to grow up happily forever and find true happiness.

If you really can't recover, leaving, not leaving will harm the child. I am a teacher, and in my experience, many reluctant families are even worse for their children's growth.

There is a saying: Marriage is like shoes, only you know whether the shoes are suitable or not, so I will not advise you. What I want to say to you is, has your marriage really come to an end with no return, and have you figured out what you want most?