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Article 1059 of the Civil Code stipulates that husband and wife have the obligation to support each other.
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After the reform and opening up, with the rapid development of China's economy, the people's living standards have also been greatly improved, especially in the rural areas, and the people's living conditions and lifestyles have also undergone major changes. However, as the quality of life has improved, the divorce rate in rural areas has also increased rapidly. 。
It is understood that the divorce rate in rural areas has been twice as high as in urban areas over the past two years, and this trend has been soaring.
The main reasons for divorce in many rural couples are mainly infidelity and emotional discord. Some couples even divorce within a short period of time after they get married. Most divorces can only be processed after mutual agreement.
However, some couples insist on not signing the divorce agreement due to property or personal factors when they divorce. So how to deal with this situation? How can I get a divorce?
According to Article 32 of Chapter 4 of the newly revised Marriage Law of our country, if a man and a woman request a divorce, but the other party does not agree to the divorce, the relevant departments will first mediate, and then the husband and wife will mediate. Communication and negotiations will take place. If the relationship does break down and mediation fails, the relevant authorities will also approve the divorce process.
If one spouse is adamantly divorced and the other firmly refuses to sign, the party requesting the divorce can file a lawsuit in court to dissolve the marriage between the parties.
However, there are three prerequisites that must be met by the party filing the lawsuit. If not, there is no way to get a divorce. The plaintiff must be a legal husband and wife.
Divorce is not allowed in the case of bigamy, under legal age or in a relationship that prohibits marriage; The area must be within the jurisdiction of the court; The defendant in the divorce must be clear. If these three conditions are met, the court will file a lawsuit. Upon receipt of the notice, the court will first proceed with mediation.
If mediation is not possible, a trial will proceed directly. If there are five conditions, the court will directly approve the mediation after it is invalid. The divorce is as follows:
If the couple has bad habits such as gambling and drug abuse, they can get a divorce; If the husband and wife have bigamy or long-term cohabitation, they can divorce; Divorce is allowed, but in this case, the divorce certificate must be retained; If one party is declared missing and no one is found, a divorce is allowed.
In addition, there are two situations in which divorce is not allowed even if the relationship between the husband and wife is not good.
If the spouse of an active-duty military member requests a divorce, the consent of the military member must be obtained. Divorce is not allowed if they do not agree, unless there is a serious mistake on the part of the military member that causes the relationship to break down.
When a woman is pregnant, if the man files for divorce within one year of childbirth or six months after the termination of the pregnancy, the court will directly dismiss the divorce proceedings. However, if the woman asks for a divorce, the court will accept the man's request and decide whether to issue a judgment based on the actual circumstances. Divorce.
In short, there are more and more divorces in rural areas today. In the current environment, it is necessary to let the farmer friends know more about the laws and regulations so that they do not suffer in the event of an emergency. If they slack off, they can also understand that our country's marriage law or other laws are prepared for emergencies.
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There is no provision that you must support a wife, if domestic violence is a law, there is no one between husband and wife, only mutual support, mutual understanding and tolerance, don't complain, have a common goal, and it is difficult to live a good life without a common goal. As long as one party thinks that the other party should support themselves, and the other party does not think that they should support the other party, this life will not go on.
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If the woman is not financially able or sick, and the man does not support her, then the crime of desertion is involved.
If the woman can work on her own, there is no such thing as "the man does not support his wife".
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It seems that yes, we must study the civil code well, otherwise it will really lead to breaking the law.
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How so? Nowadays, everyone has their own job, unless the woman is at home with the children, and the man must raise and take all the responsibilities of the family.
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During the existence of the husband and wife, the income is the joint property of both parties, and the woman can also spend the money earned by the man, but if the man thinks that the woman is not able to work, he can divorce.
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Legal Analysis: Not Breaking the Law.
In marriage, it is illegal for the husband not to raise children, but it is not illegal to not support his wife, but if the wife is at home full-time or takes care of the baby and takes care of the elderly Fan Feng, etc., resulting in too little income, it is completely possible for the husband to raise his own rotten sedan chair. Otherwise, the wife can sue the people's court to demand that her husband support herself.
Legal basis: Article 1059 of the Civil Code of the People's Republic of China Husband and wife have the obligation to support each other. The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.
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Summary. Kiss, a man doesn't care about his wife and children breaking the law. It is the legal duty of parents to raise their children, and it is illegal for the father not to bear the obligation to support them, and the child can sue the court to demand that the father pay his own maintenance.
Civil Code: During the existence of a marital relationship, if both parents or one of the parents refuses to perform the obligation to raise the child, and the minor or unable to live independently requests the payment of child support, the people's court shall support it, and for minors who have no or limited capacity for civil conduct, the parents are the first legal guardians of the children and have the right and obligation to raise and educate. In accordance with the laws of our country, where parents do not perform guardianship duties in accordance with law, or infringe upon the lawful rights and interests of minors, their parents' units, residents' committees, or villagers' committees are to admonish and stop them; Where a violation of the administration of public security is constituted, the public security organs are to give administrative punishments in accordance with law.
Kiss, a man doesn't care about his wife and children breaking the law. It is the legal duty of parents to raise their children, and it is illegal for the father not to bear the obligation to support them, and the child can sue the court to demand that the father pay his own maintenance. The People's Court shall support the request for payment of child support by both parents or one of the parents during the existence of the marital relationship, and the children who are minors or unable to live independently request the payment of child support.
In accordance with the laws of our country, where parents do not perform guardianship duties in accordance with law, or infringe upon the lawful rights and interests of minors, the parents' impoverished unit or residents' committee or villagers' committee is to admonish and stop them; Where a violation of the administration of public security is constituted, the public security organs are to give administrative punishments in accordance with law.
Kissing and turning, first of all, since you have met it, then the judgment Tong Jian will be like water. Don't be angry with yourself, and don't talk about it everywhere, especially your mother's family. Lest you be angry with your parents, be yourself, eat and drink every day.
It's time to play. Don't feel sorry for yourself, or life will be more miserable. Take care of yourself.
Have your own circle of friends and your own hobbies. These are your own social support systems, don't give up. Otherwise, life is a mess.
Kiss, what are your thoughts now, is it a divorce or do you want to solve the problem.
It's my sister. There is something wrong with the head. Brother-in-law doesn't care. Who to look for.
Kiss, it's okay to sue directly in this case, does my sister have a child here?
No. She went outside. Brother-in-law doesn't look for it.
In this case, report the case to relatives first.
Yes, it can be solved.
How to fix it. My sister has had a problem with her mind during this time. My brother-in-law didn't take it to see it. Previously the mind did not.
Kiss, your sister doesn't have the ability to be autonomous, is it?
Speech is not clear. Front to self-catering.
In this case, you can report the case first, find someone first, and then find someone back and then sue your brother-in-law.
Can you report 110, you can kiss, first report 110 to find someone, and find someone first.
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Summary. Dear, I'm glad to answer for you:, Men don't care about their wives and children who commit crimes,.
If one of the spouses is sick or incapable of independent living, and the other spouse refuses to return home and refuses to support him, then he or she is guilty of the crime of abandonment, and if the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or public surveillance.
I am happy to answer for you:, Men do not care about their wives and children, and they commit crimes. If one of the spouses is sick or the person is incapable of living independently, and the other spouse is not allowed to return home and refuses to support him, then he or she is guilty of the crime of abandonment, and if the circumstances are heinous, he shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or public surveillance.
Legal basis] Article 1059 of the Civil Code of the People's Republic of China, the People's Bureau, the People's Republic of China, and the People's Republic of China, have the obligation to support each other. The party who needs to support early maintenance has the right to demand maintenance when the other party fails to fulfill the maintenance obligation.
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