Legal issues relating to a matrimonial lawsuit

The lawsuit is not a question of whether to win or not, and how much property can belong to him.

1. Let's talk about responsibility first, his father-in-law and mother-in-law are not responsible for his medical expenses.

2. Although husband and wife have the obligation to support each other in the Marriage Law, if the other party suffers from a serious illness, it is impossible to spend their personal property to treat him if the relationship between the husband and wife is not in place. Now that he is living in the hospital, have you figured out how high the success rate of the surgery is. As far as I know, this disease is mainly based on recuperation, and it is possible that it will be paralyzed all the time, and it may get better.

3. If the husband and wife have joint property and he is the son-in-law, then how much common property does he have, there is no real estate, it is estimated that there is only those wages, then if the wife does not agree to treat her husband, then the husband can claim to divide the joint property of the husband and wife, that is, the wages of their husband and wife, and remove the living expenses and the like.

According to what you said, he can only claim the division of the joint property of the husband and wife and ask for his due share to heal himself. You can't claim the property of the woman's family.

According to the relevant provisions of the Marriage Law, husband and wife have the obligation to support each other, and may file a lawsuit with the people's court in accordance with the law to demand payment of medical expenses. Good luck!

His monthly salary is the joint property of the husband and wife, and the family members have an obligation to support each other.

After marriage, the property of production and business is shared by both parties, and he has the right to use the money to treat the disease.

1. Write a civil complaint, the first part of which states the name, gender, date of birth, ethnicity and place of residence of the plaintiff and the defendant, and the second part of which writes the claim aRequest for divorce ; b.the maintenance of children; c.

property is divided according to law; The third part writes the facts and reasons, including when you got married, when you had children, and why you divorced. It is best to print the pleading, but it must be signed by hand at the end; 2. Go to the basic level court (district or county court) where the residence is located to file a lawsuit, and go through the formalities of filing the case in the case filing court; 3. When filing the case, submit 2 copies of the civil complaint, marriage certificate, ID card of the husband and wife (at least bring their own), the child's household registration or the original birth certificate of the accident, and if there is property that needs to be divided by the court, it is also necessary to bring property-related evidence, such as real estate certificate, motor vehicle driving license, etc. 2 sets of copies of evidence need to be submitted (one in the court file, one to be sent to the other party); 4. After the case filing tribunal examines the fee; 5. Submit the payment bills and materials to the court case filing division, and go home and wait for notice; 6. The court will schedule your case, and serve a copy of the complaint, evidence and other materials to the defendant, and after serving the defendant, it will notify you of the time, and you need to go to the court to get the summons; 7. If the other party also agrees to divorce, the court may ask both of you to mediate (in civil cases in China, mediation is a necessary procedure, ** do not organize your mediation before, ** will also ask you if you are willing to mediate), if the mediation is successful, then issue a "civil mediation letter", mediation is divided into two kinds, may mediate divorce, or may do your work, do not divorce, close the case; 8. If mediation fails, if mediation is not possible, a judgment will be made and a civil judgment will be issued; 9. The judgment may be a divorce or a judgment of non-separation, under normal circumstances, if the defendant does not agree to the divorce for the first time, the court will rule not to grant the divorce.

Your friend can file for divorce again 6 months after the judgment takes effect. The above is the answer to the process of what are the conditions for suing for divorce in a litigated marriage.

Legal Analysis: The Marriage Law stipulates that there are substantive and formal requirements for marriage. The substantive elements of marriage, such as the complete consensual nature of the marriage between the man and the woman; The age of marriage shall not be earlier than 22 years for men and 20 years old for women; Marriage is prohibited if the direct blood relatives and collateral blood relatives within three generations, those who suffer from leprosy or other diseases that are medically considered unsuitable for marriage are prohibited.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Legal analysis: Divorce litigation refers to a lawsuit filed by one party to a marriage relationship with the court to dissolve the marriage relationship with the other party. The people's court hearing a divorce case shall conduct mediation, and if the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

If a marriage is dissolved by judgment in accordance with the litigation procedure, it is called a judgment divorce, and the Chinese Marriage Law stipulates strict procedures and handling principles for one party requesting a divorce.

Legal basis: Article 1079 of the Civil Code Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 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 in this cave; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (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 a divorce lawsuit, 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.

Legal analysis: The process of suing for divorce includes: 1. Drafting a complaint; 2. Prepare evidentiary materials; 3. Submit the complaint and evidence, and the identity certificates of the plaintiff and the defendant to the court with jurisdiction; 4. The court decides whether to accept the lawsuit; 5. After the court accepts the divorce case, it shall send a copy of the complaint to the other party within the statutory time; 6. The court arranges the first time and sends a summons to both parties; 7、**：

Both parties can entrust a lawyer or other professionals** to litigate (under normal circumstances, the parties to the divorce must appear in court, if they are really unable to appear in court for special reasons, they must issue a written opinion to the court on whether to divorce); 8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support in accordance with the plaintiff's claim and the evidence submitted by both parties.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. The people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

If the husband and wife have been separated for one and a half years, they can go to court to sue for divorce. Where a party sues for divorce, it shall bring the complaint, ID card, household register, marriage certificate, and other evidentiary materials to the people's court for the spouse's domicile or habitual residence to file a divorce lawsuit.

Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Where a man and a woman who have not registered their marriage in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife who have not followed the notice and have completed marriage registration in accordance with Article 1049 of the Civil Code, and file a lawsuit for divorce, they shall be treated differently: (1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage. (2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to re-apply for marriage registration.

Where the marriage registration of the Li Dynasty has not been completed, it is to be handled in accordance with the provisions of article 3 of this interpretation.