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Without feelings, you can cultivate feelings, without feelings, but with children, I don't think you should get divorced, and if you divorce, it will make your children emotionally lacking. Children from single-parent families are more likely to have some emotional disorders and low self-esteem, so they still need to be viewed carefully.
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If you really want to have a complete family for your children, then you can work hard to cultivate a relationship and give yourself a deadline, if you still haven't cultivated a relationship within this period, then it is recommended that you divorce. Marriage should still be based on feelings, and if there is no relationship and you are reluctant to be together, it is also unfair to the two of you. And it is also impossible to give a child a warm home.
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Even if you don't have feelings, I think it's better not to divorce, because after all, you all already have children, for the sake of the children, give the children a sound family, so that he can live a happy life in the future is the most important thing. Sacrifice yourself for the sake of the child, and you will do it, after all, this is the child of the two of you, and you should also make a little sacrifice for her.
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I think you still have feelings, how can you have children without feelings, and you have to continue to run in and run in, and be tolerant and understanding of each other.
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In fact, feelings can be cultivated, communicate with him more, and it is better to have a complete family for the sake of the child.
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Don't divorce for the sake of your children. Originally, feelings were like that. Why is there no emotion. The feelings are mutual.
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Couples who have children and have no affection have the right to dissolve their marriage. Divorce by mutual agreement or litigation can be obtained. Divorce by mutual agreement means that the parties can divorce voluntarily, sign a written divorce agreement, and apply for divorce registration in person at the marriage registration authority.
Litigation divorce refers to one party filing a lawsuit with the court, and the court will decide whether the parties are divorced according to the specific circumstances with reference to the law.
1. Does the automatic dissolution of marriage require the presence of both parties?
There is no such thing as automatic dissolution of marriage, and there are only two ways to get divorced
1. Divorce by agreement, both parties voluntarily divorce, sign a divorce agreement, and go to the marriage registration authority for divorce registration;
2. In the case of divorce by litigation, one party goes to the court to sue for divorce, and the court will decide whether to grant the divorce according to whether the relationship between the husband and wife has broken down.
2. Whether the divorce conditions agreed upon by the husband and wife are valid.
Husbands and wives cannot agree on the terms of divorce, and their acts are generally invalid. The only ways to divorce in China are divorce by agreement and divorce by litigation. Divorce by mutual agreement refers to the voluntary divorce of the parties, signing a written divorce agreement, and applying for divorce registration in person at the marriage registration authority.
Litigation divorce refers to a situation in which one party files a lawsuit with the court, and after the court's trial, it can be determined that the relationship between the husband and wife has indeed broken down and the mediation is ineffective, a judgment shall be made to grant the divorce.
3. What are the conditions for divorce?
The forms of divorce include divorce by agreement and divorce by litigation, and the conditions for divorce by agreement refer to the parties who divorce voluntarily, sign a written divorce agreement, and apply for divorce registration in person at the marriage registration authority. The conditions for divorce by litigation refer to the fact that one party files a lawsuit with the court and submits evidence that can prove that the relationship between the husband and wife has indeed broken down, and the mediation is invalid.
Article 1079 of the Civil Code.
Where one of the spouses requests a divorce, the relevant organizations 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;
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.
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.
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Whether or not to divorce is determined by the parties themselves, and the ownership of child custody after divorce is as follows:
1) Children under the age of 2 are generally raised by their mothers.
Children under the age of two generally live with their mothers. The mother may also live with the father if she has one of the following circumstances:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;
3) The child is unable to live with the mother due to other reasons. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
2) The question of who will raise children over the age of 2.
First of all, it should be determined by both parents through consultation, and if the negotiation fails, the people's court shall make a judgment based on the circumstances of both parties. If both the father and the mother request to live with them, according to Articles 3 and 4 of the above-mentioned Opinions of the Supreme People's Court, one party may be given priority in any of the following circumstances:
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The child has lived with the child for a long time, and changing the living environment is obviously not conducive to the healthy growth of the woman;
3) There are no other children, and the other party has other children;
4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
5) The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother.
If the child is a minor who has reached the age of 10 and there is a dispute between the parents that the daughter should live with the father or the mother, the child's opinion shall be taken into account in accordance with the provisions of Article 5 of the above-mentioned Opinions.
In addition, article 6 provides that it may be permissible for both parents to agree to take turns raising the child on the premise that it is conducive to the protection of the child's interests.
3) Conditions for changing custody rights.
At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation. In any of the following circumstances, the people's courts shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;
3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;
4) There are other legitimate reasons to change.
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