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The woman cheated, causing the family to break up, the man asked for divorce, and

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The woman cheated, causing the family to break up, the man asked for divorce, and


        

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  • 2024-06-23 00:00:49

    If the relationship between the husband and wife has really broken down, a divorce may be pronounced. If the relationship between husband and wife is really broken, collect evidence of the broken relationship between husband and wife, and file a lawsuit for divorce to the court. Pre marital property belongs to individuals and does not participate in the division. After marriage, property belongs to both parties and is shared equally. However, the party at fault should not share or share less property. If one party has paid more obligations to raise children, care for the elderly, assist the other party in work, etc., it has the right to ask the other party for compensation at the time of divorce, and the other party should make compensation. Divorce damage compensation refers to the civil liability for compensation for the losses suffered by the non fault party and the fault party at the time of divorce when one of the husband and wife is at fault, resulting in the breakdown of the marriage and family relationship. The amended Marriage Law has added the system of compensation for damages in divorce. If divorce is caused by one party's legal fault, if there is no fault, the other party has the right to claim compensation according to law.
    1. Divorce can be achieved by agreement or litigation. Divorce by agreement shall be registered in the place of residence. Litigation for divorce may be filed in the court of the other party's place of residence. If the other party's place of residence is inconsistent with its habitual residence, it may be filed in the court of the other party's habitual residence.
    2. After both parties reach an agreement on divorce, child support, property and debt treatment, divorce can be registered in the civil affairs bureau of the husband's or wife's residence.
    3. If it is impossible to reach an agreement on divorce, a divorce lawsuit shall be filed with the court. The standard for the court to decide on divorce is whether the relationship between husband and wife has really broken down. If this standard is met, divorce shall be made. If there are conditions for divorce under Article 32 of the Marriage Law: 1. According to Article 32 of the Marriage Law
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife. Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. If the relationship between the husband and wife has really broken down, a divorce may be pronounced. The relationship between husband and wife has really broken down. Collect evidence of marital breakdown and file a lawsuit to the court for divorce. Before marriage, the property shall belong to the individual and not participate in the division. After marriage, the property shall belong to both parties and be shared equally. However, the party who is at fault shall not share or share less of the property. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party at the time of divorce, The other party shall compensate. Divorce damage compensation refers to the civil liability for compensation for the losses suffered by the non fault party and the fault party at the time of divorce when one of the husband and wife is at fault, resulting in the breakdown of the marriage and family relationship. The amended Marriage Law has added the system of compensation for damages in divorce. If one party's legal fault leads to divorce, the other party has the right to claim compensation according to law if there is no fault. Article 46 of the Marriage Law stipulates that if one of the following circumstances leads to divorce, the party without fault has the right to claim compensation for damages.
    First, bigamy; second, cohabitation of a spouse; third, domestic violence; and fourth, maltreatment and abandonment of family members. After divorce, for a child supported by one party, the other party shall bear part or all of the necessary living and education expenses. The amount of the expenses to be borne and the length of the period shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment.
    ① If there is a fixed income, the amount of childcare fees can generally be 20-30% of the total monthly income. For those who bear the care of more than two children, the proportion may be appropriately increased, but generally shall not exceed 50% of the monthly income.
    ② If there is no fixed income, the amount of childcare fees can be determined according to the current year's income or the average annual income of the same industry, with reference to ①. The agreement or judgment on the children's living and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the amount originally set in the agreement or judgment when necessary.
    Divorce by agreement is generally filed in the original marriage registration authority, and divorce by litigation is generally filed in the defendant's location. According to Article 10 of the Marriage Registration Regulations, if the mainland residents voluntarily divorce, both men and women should go to the marriage registration authority where one party's permanent residence is located to register for divorce.
    The advantages of divorce by agreement are time-saving and economical. Generally speaking, if the materials are complete, the divorce by agreement can be completed in about half an hour. However, the requirements for divorce by agreement are relatively strict, and both parties must reach an agreement on the meaning of divorce, property division, child rearing and other issues.
    Litigation divorce is more complicated. In addition to the materials required for divorce by agreement, you must also prepare the petition, evidence and other materials. As far as the trial limit is concerned, if summary procedure is applicable, the trial limit is 3 months (generally simple cases can be completed within 1 month); If the ordinary procedure is applicable, the trial period shall be 6 months. For the second instance, the trial period is three months. If there is no legal situation of divorce, litigation for divorce may need to be filed at least twice (at least half a year apart).

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    2024-06-23 00:00:49

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