A year ago, the court granted a divorce, and now that they have been separated for a year, can they

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.

If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child. 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.

In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; In the case of divorce by litigation, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, and the lawsuit is generally 6 months in the first instance and 3 months in the second instance. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Gods and horses are all floating clouds, and there is wood and !! to ask about feelings

Marriage is risky, and divorce should be done with caution.

According to Article 32 of the Marriage Law, "if a man and a woman request a divorce, the relevant department may mediate 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. ”

Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts issued by the Supreme People's Court: 1) It is conducive to the physical and mental health of children and protects the legitimate rights and interests of children, which is a basic principle that runs through marriage and family. (2) Children under the age of 2 generally live with their mothers.

However, there are several situations in which the mother can live with the father: first, the mother suffers from an infectious disease or other serious illness that cannot be cured for a long time, and the child should not live with her; Second, the mother has no ability to support her, and the father requires the child to live with him; Third, the lactation period is not yet complete, the mother insists on not raising it, and the father actively asks for support and the support conditions are better; Fourth, under the condition that the physical and mental health of the children is not endangered, the two parties agree that the children will live with their fathers; Fifth, the child is indeed unable to live with the mother due to other reasons, such as the mother's economic ability and living environment are obviously unfavorable to raising the child, the mother's poor character or violation of the law and crime is not conducive to raising the child, and the child has been fed by the father since birth, etc.

3) The issue of raising children of minors over the age of 2 should be based on the premise of safeguarding the interests of the children, and comprehensively consider the ideological character, life style, cultural quality, economic conditions, family environment and other factors of both parents.

Zongheng Legal Network Guizhu lawyer.

Yes, but don't leave, the child is the most pitiful.

Alas, it's better to think back to the bits and pieces of the first encounter, maybe there is room for redemption, after all, the children are all there, and after leaving, the children are very pitiful.

Legal Analysis: Depends on the circumstances. Whether or not to live apart and how long the separation is not an absolute condition for the court to grant a divorce, and the court decides a divorce on the basis of the breakdown of the relationship between the husband and wife.

If it can be proved that the relationship has indeed broken down, whether it is separated for half a year or not separated, the court can grant divorce and divorce.

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 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, 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.

If, after the people's court has ruled that the divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.