I am an experienced person.
The woman was at fault, but refused to divorce. My man wants a divorce.
I didn't leave the court for the first time, and the woman didn't come.
After the first judgment, he arrogantly said that he would consume me.
Because I am four years older than that woman.
I was 34 years old then.
Then after a month's judgment, the family asked the woman for a peaceful settlement, and the woman asked for 500,000 economic compensation and a house.
My family agreed that I would not negotiate.
Then a year later, the woman's second complaint did not come.
This year, I didn't meet the woman and didn't contact her by phone. Then I said in court that it was wrong that the woman was outside and someone was embezzling the company's money. I have proof.
If the court doesn't decide on divorce this time, I'm willing to wait another year. Anyway, I was late and had no children, so I wasted it.
Then the court forced the divorce and asked the woman to return the company's money of 200,000.
But the woman didn't agree. Later, half a month later, I applied to the court for enforcement. The woman said that she had no money.
Then I entered the list of untrustworthy people.
Two months later, the woman told the court that she really had no money and ran out. She hoped that the court would consult me less.
Later, it was refunded 1.4 million.
But I never got a divorce certificate.
Take the divorce judgment of the court.
Later, the woman said that she wanted to change the divorce certificate. I said that the divorce judgment said by the court was equivalent to a divorce certificate.
Anyway, I was dragged on by you for three years and cheated by you for 400 thousand
This judgment is a lesson, and I will not let go.
Until now, I don't know if she is dead.
I hope she was killed by a car.
Here, I advise you to be cautious when getting married, regardless of gender.
As for the divorce law, it is mandatory to divorce if you don't meet for two years. You can usually judge by not seeing each other for a year.
These are all documented, not nonsense.
It is common for one spouse to refuse to agree to divorce. When the other party does not agree to divorce, they can divorce through litigation. According to the marriage law, the only condition for divorce is the breakdown of marital relationship. Both the Marriage Law and the judicial interpretation stipulate the situation of marital relationship breakdown, and there are nearly a dozen in total, so I won't list them one by one.
Generally speaking, as long as you want a divorce, you can always leave, and no one can live a lifetime. Only in practice, in the first divorce proceedings, if there is not enough evidence to prove that the relationship between husband and wife is broken, one party does not agree to divorce. In this case, the court often won't decide the divorce for the first time, so it needs a second lawsuit for divorce. Under normal circumstances, most of the second divorce proceedings will be decided. Of course, there are also two, three or even more lawsuits that still have not been divorced, but this is relatively rare. Therefore, as long as you decide to divorce, it is recommended to sue as soon as possible.
About the division of real estate, because I haven't got the property right certificate yet. According to Article 21 of Judicial Interpretation II of the Marriage Law, the Supreme Law, if both parties have a dispute over a house that has not yet obtained ownership or full ownership at the time of divorce, and negotiation fails, the people's court should not judge the ownership of the house, but judge that it should be used by the parties according to the actual situation.
Therefore, in the absence of a title certificate, the court generally does not divide the house. As for the custody of children under two years old, if there are no special circumstances, the judgment tends to be awarded to the woman in principle.
It is best to choose a lawsuit for divorce first, and the woman will certainly win more than half of the property and custody of the children, but remember to leave evidence.
Let me start with a similar case: Xiao Fang, a Shanghai woman, has just turned 30 this year, and her child is less than one year old, but her marriage has come to an end. A few years ago, Xiao Fang met Pan Xiao through the introduction of her elders. Both of them work in Shanghai, and their age and family background are similar, so they are very suitable. After the blind date, the two didn't spend much time getting to know each other. They just think that the other person is a good marriage partner, so they get married, buy a house together, and agree that each person is half.
However, the match between the two is only a superficial match. At the level of spiritual communication, let alone the matching of two people, even seeking common ground while reserving differences can't be done. Soon after their marriage, they had little communication. Even so, Xiao Fang got pregnant unexpectedly and gave birth to a daughter.
Xiao Fang thought that with children, Pan Xiao would care more about himself and his family would help to look after the children. However, it backfired. Families in Pan Xiao have long favored boys. Seeing that Xiao Fang gave birth to a daughter, Pan Xiao's parents refused to look after Xiao Fang and the children on the grounds that they had something to do in their hometown. Pan Xiao still has zero communication, and even the child has not been hugged several times.
Xiao Fang was very discouraged and decided to divorce, but Pan Xiao refused to agree, and even left home to play missing. His phone was not answered, and WeChat did not return. But the more so, the more determined Xiao Fang's determination that "if she marries a bad guy, this marriage must be divorced". So, Xiao Fang contacted his lawyer friend, decided to file a divorce lawsuit, and submitted an application for divorce to the court. On the advice of lawyers, Xiao Fang kept collecting all kinds of evidence that the relationship between husband and wife broke down, and Pan Xiao was indifferent to himself and his children, such as the phone and WeChat chat records that he and Pan Xiao tried to contact many times, the fact that Xiao Fang was taking care of the child after it was born, and even the surveillance videos that Pan Xiao didn't come home several times were borrowed.
During the trial, Pan Xiao tried his best to save and change the true colors of "love rat", knowing that Xiao Fang cared about her daughter, but still had to fight for her custody. He was determined to consume Xiao Fang and not let her get a divorce, so Xiao Fang took out all kinds of evidence he had collected and bluntly punctured Pan Xiao's lies.
After examination, the court also proved that the relationship between Pan Xiao and Xiao Fang has indeed broken down, which is in line with the provisions of China's Marriage Law on divorce. Divorce granted, children under two years old. Pan Xiao was sentenced to be raised by Xiao Fang, and Pan Xiao had to pay 2,000 yuan a month to support him. As for the house, because there is an agreement that Xiaofang needs to raise children, it is decided that Xiaofang will get two-thirds of the property.
In fact, in real life, the difficulty in the court's judgment of divorce cases lies in the determination that "the relationship between husband and wife has indeed broken down", because this is a very subjective matter. Does ignoring it through WeChat mean that you don't love it? Isn't it love not to buy a pack of lipstick? Frequent quarrels and even fights. Do you think it's broken? But generally speaking, if the relationship between husband and wife is indifferent, that is to say, there is no communication between two people and there is a performance of "going their own way", it can be considered that the relationship between husband and wife has broken down to a certain extent, but the final discretion is still in the hands of the judge.
Back to the topic, if the woman unfortunately meets such a love rat who doesn't want to divorce, please stop pinning your hopes on communication and divorce by agreement, but take the initiative to collect evidence of marital disharmony. Finally, I hope everyone can meet the right person and come to an end.
First, the woman's first divorce must be a big problem in her married life. Otherwise, no woman will take this step (except a liar), which will make them unable to continue their lives. If the man is at fault first, he needs to collect evidence first, cheat and be irresponsible to his family. This evidence is not difficult!
Second, if there are children, it is relatively easy for the woman to fight for custody of the children. If the woman doesn't want children, my opinion is that either she can't afford them or she has problems.
Third, if there is a property dispute, who will earn more by judging the division of property from three fulcrums? Who will raise the child? Whose fault is it?
Fourth, these problems are clarified, and divorce is easier! If the man refuses to leave, and there is enough evidence in front of him, it is estimated that few men can persist, because if they go to court, they may lose miserably.
Marriage and divorce are voluntary. According to the situation of the topic, if the relationship between husband and wife does break down, the woman asks for a divorce, and the man deliberately spends money, the woman can file a divorce lawsuit with the court.
According to the relevant provisions of the Marriage Law, if a man or a woman requests a divorce, they can directly file a divorce lawsuit with the people's court. After the people's court accepts it, it will mediate in advance according to the process. If mediation fails, divorce should be granted. But at the same time, it shall meet one of the following circumstances:
Regarding the disposal of the property of both parties, if the house is handled under the names of both parties, and both parties agree that the property will belong to either party after divorce, then the property will be disposed of according to the agreement after divorce; If there is an agreement first, and then two people's names are registered at the same time when buying a house, then after the divorce, the husband and wife will share it equally. It should be noted here that the result of a sequence problem is completely different.
Under normal circumstances, the husband and wife divorce, and the house is half-owned. As for the child, because the child is still breastfeeding, the court will generally decide that the child will be raised by the present, and the man will decide to give the child support every month. Because the woman has no job, if she has other property, she can get more points according to the actual situation.
If one of the husband and wife does not agree to divorce, then the two sides can not reach an agreement, nor can they agree to divorce through divorce agreement, so they can only choose to divorce through litigation.
You can bring a lawsuit to the court where the other party's household registration is located (or where both parties have the same habitual residence), and prepare the indictment, copy of ID card, marriage certificate and related evidence materials (such as evidence of cheating, domestic violence, gambling, marital property, etc.). After the court files a case, it will notify both parties of the opening time and appear in court on time.
After the case is accepted, the court will arrange mediation first, with the aim of trying to persuade peace. If mediation fails, the court will hold another session.
When the court decides whether to grant a divorce, the only consideration is whether the relationship between husband and wife has really broken down.
Usually, the court will not decide divorce on the grounds that the relationship between husband and wife has not broken down for the first time. Even ordinary beatings, adultery and even whoring may not necessarily dissolve the relationship between husband and wife in the first divorce proceedings.
If divorce or mediation is not allowed, or there are no new circumstances or new reasons to maintain the adoption relationship, if the plaintiff brings a lawsuit within six months, it will not be accepted.
According to the provisions of the marriage law, the wages and bonuses of husband and wife during the marriage relationship belong to both husband and wife, that is, to their property. Husband and wife may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of them, and part of them.
Buying a house before marriage, the house purchase contract and the real estate license all have the names of husband and wife, and the real estate should belong to husband and wife.
At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.
After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
Marriage means two people want to be together, divorce means one person doesn't want to be together ... If you don't care about property, you can sue for divorce. It is said that the court will not divorce for the first time, and it will divorce for the second time after half a year. If there is a property dispute, it is better to reach an agreement. After all, it will be difficult to investigate and collect evidence in court, and the result may not be what you want. If you have children, I suggest you reconsider. Experts always say that high-quality single-parent families are better than low-quality healthy families, but ask yourself, can you be healthy and happy after divorce and keep your children's hearts spotless? Won't you have any resentment and complaints about his father? Can the boyfriend and husband you are looking for accept children completely? Can another child really make a bowl of water even? You've made up your mind, you can choose whatever you want. After all, life is your own and no one can make decisions for you.
I. Procedural issues.
When the child is more than 6 months old, the man can't sue, but the woman can.
Second, the issue of custody.
If the child is under 2 years old, it shall be awarded to the mother in principle, except in certain circumstances. So if you insist on detention, of course, it is better to sue early, because there is more than one prosecution, and the time for trial proceedings is half a year apart.
Third, the division of property.
Property purchased before marriage is written in the names of two people, and later married, so it belongs to the joint property of husband and wife and is generally divided equally. If one party gets the house, it will compensate the other party. If neither party wants a house, the court will auction it.
Fourth, the issue of divorce by agreement
Only when both parties reach an agreement can they agree to divorce. Now the man insists on not getting divorced, or takes a delaying attitude, which is obviously unfavorable for you to compete for custody of the children. There is no hope of divorce by agreement, so it is recommended to sue as soon as possible.
Now there is a very popular saying on the internet that women have three major pains after marriage: the pain of pregnancy, the pain of giving birth to children, and the hatred of the next month. The woman breast-fed for more than six months and wanted a divorce. I think it is completely inseparable from these three factors.
Under normal circumstances, women are not allowed to file for divorce within one year after giving birth. Of course, this means that if the man says that the woman must file for divorce, the court will still accept it.
For divorce, the guiding ideology of China's divorce legislation is to protect the freedom of divorce and oppose hasty divorce, so divorce is as free as marriage.
Take the woman as an example. If she wants a divorce and the man doesn't, in this case, she can only go to court for a divorce, that is, the woman brings a lawsuit to the people's court. Then the court will summon that person to investigate your situation.
There is a legal standard for the court to decide divorce, that is, he will mediate first, and mediation will not achieve divorce: bigamy or a spouse living with others; Committing domestic violence or abusing or abandoning family members; Gambling, drug abuse and other bad habits are incorrigible; Separated for two years due to emotional disharmony; Other circumstances that lead to the breakdown of marriage relationship.
The child is breastfeeding now, and the breastfeeding child can be raised with the breastfeeding mother after divorce, so the child will definitely be given to the woman. If the child is given to the woman, the first thing to consider is that the woman has no job, and the law will allow the man to make certain financial compensation and support for the woman.
A woman who wants a divorce must have given up in despair. There are several reasons why the man is unwilling to divorce, either because he is reluctant or because the divorce has caused him too much loss.
Whatever the reason, I still hope that the woman will be cautious. After all, her body is recovering, and this kind of tossing is too harmful to her body. There will be many problems in marriage. As long as the reasons are found and solved, marriage can still be saved. Of course, if the man has violence, infidelity or moral problems, it is not considered.
There are many ways to leave the meeting, but can divorce really solve all the problems? Just like we are sick and don't go to the doctor, taking medicine by ourselves can't make us better.
I hope you are careful, careful.