I was divorced by mutual agreement when my daughter was given to my ex husband. Now I want to come b

Updated on society 2024-08-08
9 answers
  1. Anonymous users2024-02-15

    1. On the conditions for divorce.

    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.

    2. About child support and child support.

    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 until the child reaches the age of 18, and the standard of maintenance 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.

    3. On the division of common property.

    The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same 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.

    4. About the divorce procedure, required documents and fees.

    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; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

    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".

    The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

  2. Anonymous users2024-02-14

    If you want to make changes, you must negotiate with the other party, and if the negotiation fails, you can file a lawsuit with the court in accordance with the law.

  3. Anonymous users2024-02-13

    Legal Analysis: Yes. There are two ways to get custody of your children back after a divorce:

    1.If the parties can renegotiate an agreement on the custody of the child, and it does not harm the health of the child, the custody can be changed. If it can be proved that the other party is not suitable for raising the child, he can apply to the court to change the custody rights.

    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.

    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.

  4. Anonymous users2024-02-12

    If it has been two years since your divorce with your ex-husband and now your ex-husband offers to give you maintenance for your children, it is recommended that you write a formal agreement detailing the rights and obligations of both parties.

    Specifically, the contract needs to clearly stipulate the amount of living expenses to be paid by the ex-husband each month, the time of payment, and the payment method. At the same time, it is also necessary to stipulate how the child's quiet upbringing, education and daily living needs and expenses are to be distributed. In addition to this, the contract also needs to take into account the child's upbringing arrangements in certain specific situations, such as holidays, regular family activities, and so on.

    Before signing a contract, it is advisable to consult with the relevant legal experts to ensure that the agreement complies with the law and protects the rights and interests of both parties. If you still have any doubts, you can negotiate with your ex-husband

  5. Anonymous users2024-02-11

    It's best to write an agreement. When the first draft divorced, it was agreed that you would only take the second child, and now, the three children are brought by you, which changes the original agreement, for such a change, it is better to write an agreement. The new agreement should clearly state the original agreement and the current agreement on filial piety. Base demolition.

  6. Anonymous users2024-02-10

    1.What should I do if my ex-husband asks for a marriage after the divorce.

    Find the reason why you divorced him in the first place. You said it was because he hit you, alcoholism is a vice, what is a habit, a habit is something that is difficult to change. So he was an alcoholic, and this problem will still exist after you marry him.

    Hitting people, I have always advocated 0 tolerance for women in marriage and family. There will be a second time, and you have escaped really well. After you remarry him, can you guarantee that he won't do anything to you again?

    Although you can't guarantee that you won't be happy with someone else, if the root cause of your ex-husband's divorce in the first place can't be solved, then I dare to guarantee that you won't be happy after remarrying him.

    If you are worried that he will not be good for your son because of a child, and you are willing to do so, I suggest that you can file a lawsuit to change the custody of the child and have the child adjudicated to you. The reason is that the other person has domestic violence (if you have evidence) and if necessary, the judge will ask you about your child's wishes.

    As a man, not only do I often drink and beat my wife and disrespect others, but even when I get divorced, I am embarrassed to ask the woman to leave the house, a little bit of responsibility, a little remorse, a little conscience, and a little bit of affection for his wife. Say anything because the child is going to be with him, so why didn't he think about the child and the harmony of the family when he was beating you, he was drinking, and he was disrespectful to you. If you are unhappy, you will divorce, and if you feel bad, you want your wife to remarry you?

    Why should the woman pay for his mistakes?

    After all, this matter is related to your later life. I don't dare to say anything more, anyway, think about it yourself. If the root cause of your relationship breakdown can be resolved, then you can try, and if not, then I suggest you leave.

    In fact, it is more difficult to reunite than to re-accept a new relationship.

  7. Anonymous users2024-02-09

    Summary. Dear, good boss, I sentenced my husband's ex-wife's daughter to come back, I don't agree, if I come to divorce, I can negotiate with the other party, if the negotiation fails, you can sue the court to change custody. In accordance with the law, the court shall, proceed from the interests of the child's physical and mental health, protect the lawful rights and interests of the child, and consider the specific circumstances of both parents, such as their ability to raise and conditions for support, to determine the ownership of custody.

    In any of the following circumstances, one party's request to change the child support relationship shall be supported. (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 for the change. In accordance with the law, the court shall, proceed from the interests of the child's physical and mental health, protect the lawful rights and interests of the child, and consider the specific circumstances of both parents, such as their ability to raise and conditions for support, to determine the ownership of custody.

    The daughter of my ex-wife who was sentenced to my husband wants to come back, I don't agree, and if I come, I will divorce?

    Dear, good boss, I sentenced my husband's ex-wife's daughter to come back, I don't agree, if I come to divorce, I can negotiate with the other party, if the negotiation fails, you can sue the court to change custody. In accordance with the law, the court shall, proceed from the interests of the child's physical and mental health, protect the lawful rights and interests of the child, and consider the specific circumstances of both parents, such as their ability to raise and conditions for support, to determine the ownership of custody. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

    (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 for the change. In accordance with the law, the court shall, proceed from the interests of the child's physical and mental health, protect the lawful rights and interests of the child, and consider the specific circumstances of both parents, such as their ability to raise and conditions for support, to determine the ownership of custody.

    Legal basis: Article 1084 of the Civil Code [Parent-Child Relationship after Divorce] The relationship between parents and children is not eliminated by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, 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.

    Where children have reached the age of 8, their true wishes shall be respected.

  8. Anonymous users2024-02-08

    After the divorce by agreement, the party who directly supports the party has the right to recover the maintenance arrears, and the party who does not directly support the party must also pay child support, because it is the legal obligation of parents to raise children, and after divorce, they must also bear the obligation and responsibility of support, and if the parents do not perform the obligation of support, the minor child or the adult child who cannot live independently has the right to demand that the parents pay child support. Legal basis: Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.

    Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children. Article 1085:After divorce, where one party directly raises the children, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

  9. Anonymous users2024-02-07

    Summary. Why go?

    What if I get divorced and want to go back to my ex-husband's house, and my ex-husband agrees, but the one in the family doesn't leave.

    Why go?

    I am divorced, I have two children, both of them belong to the man, and then he divorced less than 3 months and he brought back a woman, I want to remarry, and he also promised to let me come back, but now this woman is not leaving.

    I want to ask how I can get the woman to leave.

    Alas, since you don't love that woman, why do you want to bring someone else home, it's too confusing to do things.

    will create today's situation.

    Because we have been married for 7 years, we divorced after a quarrel over a trivial matter.

    With that woman for what.

    Because no one took care of the child, he found someone's house.

    Because no one took care of the child, he found someone's house.

    Oh, that's a bit tricky, and it's okay to give money to let someone go.

    Talk well and say good things to others.

    The woman didn't want money, she just wouldn't leave.

    Looking for an aunt from the neighborhood committee to come forward to adjust?

    We are a house for sale in Huozhou, and no one knows anyone.

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If you have already signed an agreement at the time of the divorce, you should follow the divorce agreement. As for the child's tuition, you have no reason to give him, if he really can't pay the child's tuition, you can also sponsor a little out of love for the child. There is no need to sue him for this kind of thing, if you don't want to ignore him.

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Of course, you can come back, if you can't negotiate, then you can go directly to the judicial process, after all, you are already divorced, in fact, you are two completely independent individuals.