How to handle the divorce after having children, and how to deal with divorce procedures if you have

Divorce with children requires the following procedures:

1. In the case of divorce by agreement, the required procedure is that the husband and wife sign a written divorce agreement and apply for divorce registration at the marriage registration authority;

2. In the case of divorce by litigation, the required procedure is to file a lawsuit with the court, and if the people's court decides to grant the divorce, the marriage relationship will be dissolved.

[Legal basis].

Article 1076 of the Civil Code of the People's Republic of China.

Where the 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.

There are two ways to get a divorce if you have children:

1. Divorce by agreement, both parties reach an agreement through negotiation, the relationship is broken, and the divorce can be divorced through the 30-day divorce cooling-off period;

2. Divorce by litigation, if the relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate. The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

Civil Code of the People's Republic of China

Article 1079.

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.

How to get a divorce with children, divorce by agreement or lawsuit. After the parties reach an agreement on divorce, child support, property and debt settlement, etc., they register the divorce at the civil affairs bureau where the husband or wife's household registration is located.

Divorce by mutual agreement is to register the divorce with the civil affairs bureau where the husband or wife is registered after reaching an agreement on issues such as divorce, child support, property and debt disposal, etc.

If the divorce cannot be agreed upon, the divorce shall be sued by the court. The court's criterion for granting divorce is whether the relationship between the husband and wife has actually broken down, and if this criterion is met, the divorce should be granted. If there are any of the circumstances provided for in Article 32 of the Marriage Law, it is deemed that the relationship between the husband and wife has truly broken down.

When the child is under the age of two, it is generally given priority to be raised by the mother, and when the child reaches the age of two, the court will determine the ownership of the child according to the actual conditions of both parties and in accordance with the principle of being beneficial to the child's growth, and the court will also solicit the child's opinion when the child reaches the age of ten. If one party is raising children, the other party has the right to visit and pay child support. The standard of child support, if there is a fixed income, the child support is generally paid at 20 to 30% of the fixed income; If there is no fixed income, the court shall make a comprehensive determination based on the child's actual expenses, the local standard of living, and the economic situation of both parties.

Legal basis] Article 36 of the Marriage Law of the People's Republic of China states that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

If both parties do not agree to raise the children at the time of divorce, then the court will not grant a divorce. Because divorce involves issues such as divorced children and child support, if this issue cannot be resolved, then the judge can only reject the divorce application.

Whether or not to divorce depends on the couple.