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The man cheated in marriage and gave birth to a daughter privately. Now he wants to know how to distribute the divorce property

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The man cheated in marriage and gave birth to a daughter privately. Now he wants to know how to distribute the divorce property


        

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  • 2024-06-21 01:00:49

    Whether you can divorce or want to divorce depends on the specific situation of both men and women. It depends on which kind of divorce method you choose and whether you can divorce. There are two options for divorce. One is that both parties agree to divorce and go to the Civil Affairs Bureau to handle the relevant divorce procedures. In this case, both men and women agree to divorce; Another way is to go to the court to file a lawsuit for divorce, which is applicable to one party who does not agree to divorce. The standard for the court to judge divorce is that the relationship between husband and wife has really broken, and the relationship between husband and wife has really broken is determined according to the situation between men and women, mainly to determine whether there is domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, emotional discord and separation for more than two years, physical defects or diseases that are difficult to cure between the two parties, The court will judge according to the situation of both parties.
    Legal infidelity means that one party has sexual relations with other members of the opposite sex during the marriage relationship. The infidelity often makes both parties unable to go on, but in law, it is not legally regarded as the situation of marital relationship breakdown. Therefore, the court will not judge the divorce of both parties in the first divorce lawsuit. The court will only judge the divorce of both parties in the second lawsuit. The second divorce lawsuit is six months after the first judgment comes into effect. Of course, both men and women can divorce at any time during this period.
    The nature of property is different, and the attribution and division are also different. Generally, personal property belongs to individuals before marriage, and the joint property of husband and wife is divided. When dividing the common property between husband and wife, both men and women should first solve the problem through consultation, come up with a property division plan, and then the court should review and confirm it; If both men and women can not solve the problem through consultation, the court will first propose a division plan, so that both men and women can reach an agreement on the division of property on the basis of mutual understanding and mutual accommodation. If the mediation agreement still cannot be reached, a judgment shall be made according to law. The court will follow the following principles when dividing the property:
    1. Respect the will of the parties. When dividing the joint property of husband and wife, the wishes of both parties shall be respected, provided that the wishes of both parties are true and legal. When one party is willing to give up all or part of the property rights, it shall be allowed as long as it does not endanger the legitimate rights and interests of the state, the collective, society and others.
    2. The principle of equality between men and women.
    3. The principle of caring for the innocent party. For divorce cases caused by one party's bigamy, adultery, maltreatment or violence and other acts of harming the other party and its relatives, the faultless party should be properly taken care of when the joint property of husband and wife is divided. Of course, the basic life of the party at fault should also be guaranteed.
    4. The principle of taking care of the interests of women and children. Taking care of children's interests is also to ensure the healthy growth of minors.
    5. The principle of facilitating production and life. When dividing the joint property of husband and wife, attention should be paid to the need to facilitate production and life. The utility and value of the property should not be damaged, and it should be ensured that it can fully play its role after the division without reducing its value. If it cannot be divided, it shall be compensated to the other party.
    6. The principle of not harming the interests of the state, the collective and others. When dividing the joint property of husband and wife, it is not allowed to divide the property belonging to the state, collective or others, nor to divide the family property or the property of other family members. If there are illegal gains, they should be confiscated according to law, and not divided.
    The specific division and the amount of one party's share shall be determined according to the specific property conditions of both parties.

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