2. If the first divorce lawsuit fails, after 6 months, one party can sue for divorce again, and the court will generally decide the second divorce.
3. At the time of divorce, the property of husband and wife should be divided, including the inheritance of debts. Your family's property is divided between your parents. Considering your father's fault, your mother can share more property.
4, this situation in your family, it is best to divide it; You should also consider your own situation and which parent you live with.
Reference Law: Marriage Law
Article 17 The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Thirty-first men and women who voluntarily divorce shall be granted divorce. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
Thirty-fifth after the divorce, both men and women voluntarily restore the relationship between husband and wife, must go through the remarriage registration at the marriage registration office.
Article 36 The relationship between parents and children shall not be eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise and educate their children.
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.
Article 37 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.
An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
Article 38 After divorce, the spouse who does not directly raise the children has the right to visit the children, and the other spouse has the obligation to help.
The way and time of exercising the visiting right shall be agreed by the parties; If the agreement fails, the people's court shall make a judgment.
If parents visit their children, which is not conducive to their physical and mental health, the people's court shall suspend the right to visit according to law; After the reasons for suspension disappear, the right to visit should be restored.
Article 39 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.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.
Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
Chapter V Salvage Measures and Legal Liabilities
Forty-third domestic violence or abuse of family members, the victim has the right to make a request, and the residents' committee, villagers' committee and their units shall dissuade and mediate.
The victim has the right to make a request for the ongoing domestic violence, and the residents' committee and villagers' committee shall dissuade him; The public security organ should stop it.
If the victim requests to commit domestic violence or abuse family members, the public security organ shall impose administrative punishment in accordance with the Law on Public Security Administration Punishment.
Article 44 If a family member is abandoned, the victim has the right to make a request, and the residents' committee and villagers' committee and their units shall dissuade and mediate.
If the victim makes a request to abandon a family member, the people's court shall decide to pay alimony, alimony and alimony according to law.
Article 45 Whoever commits domestic violence or maltreats or abandons family members in bigamy shall be investigated for criminal responsibility according to law. The victim may file a private prosecution with the people's court in accordance with the relevant provisions of the Criminal Procedure Law; The public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law.
Article 46 At the time of divorce, the innocent party has the right to claim damages under any of the following circumstances:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
Article 47 If one of the spouses conceals, transfers, sells off or destroys the property of the husband and wife, or forges debts in an attempt to seize the property of the other spouse, when dividing the property of the husband and wife, the spouse who conceals, transfers, sells off or destroys the property of the husband and wife or forges debts may be given less points or no points. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again.
The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that hinder civil litigation as stipulated in the preceding paragraph.
Article 48 Judgments and orders on alimony, alimony, division of property, inheritance and visiting children shall be executed by the people's courts. The relevant individuals and units shall be responsible for assisting in the implementation.
Article 49 Where other laws have other provisions on illegal acts and legal responsibilities related to marriage and family, those provisions shall prevail.