Kunshan professional divorce lawyer

Legal subjectivity:

What are the warnings of professional divorce lawyers? First, as long as they have been separated for more than two years, they will divorce automatically, or the court will definitely decide to divorce. The one who holds this view is misunderstood, because he has consulted the Civil Code himself, but he does not fully understand the law. There is no such thing as automatic divorce in China. Divorce must be registered with the Civil Affairs Bureau, or a civil conciliation statement or a civil judgment to dissolve the marriage relationship must be submitted to the people's court. 1, in our country's law, the court decides to divorce and confirms whether the relationship between husband and wife has broken down, which is stipulated because the relationship is not harmonious and separated for two years. 2. This kind of separation is the concept of legal separation and is necessary. First of all, the requirement is de facto separation and objective separation. Secondly, it must be the separation caused by emotional disharmony, not the separation caused by one party's job transfer, business trip and children's school. 3. This separation requirement is continuous. If the two parties live together again during the separation period and then separate, then the separation cannot last for two years. 4. The separation of husband and wife for two years is not necessarily the reason for divorce. Whether the judge decides to divorce or not depends on other circumstances to comprehensively judge whether the relationship between husband and wife has broken down. Some people think that deliberately creating the fact of separation for two years, the court will certainly support the divorce request, which is not necessarily a misunderstanding of the parties. Second, I am a mother, and the court will definitely judge me as the mother of young children, and my feelings for children will certainly be understood by everyone. However, it is not the mother who insists on raising the child, and the child will of course follow her. 1. The general principle of the court's decision on child custody is that children under two years old should live with their mothers in principle. Children over two years old, not necessarily 2. The comprehensive principle for the court to judge who is raising the child is: which side is more conducive to the child's life and growth. 3. Courts usually consider the following situations. For example, parents with more stable income sources can provide better living and educational conditions for their children; Consider who took care of the child in his previous life and with whom the child has deeper feelings; Consider whether one party has the possibility of birth control or reeducation. Whether it is possible to remarry, considering the mother's age; Whether one party is vicious, such as gambling, drinking and taking drugs. Therefore, the judge will make judgments according to various situations. Third, although he was rich before marriage, as long as we have been married for more than 8 years, all the property belongs to us. The person who has this misunderstanding is because in his or her mind, there is still the content before the revision. Before the amendment, the relevant judicial interpretation stipulated that the valuable means of production and living shared by both parties before marriage can be converted into the joint property of husband and wife after eight years of marriage. This means that personal property can become * * * and all because of marriage. However, since the revision, there has been a major adjustment in the transformation of pre-marital property and marital property. According to the current marriage principle, if it is a party's personal property before marriage, no matter how many years of marriage, the personal property before marriage is personal property. Similarly, the property obtained after marriage, as long as it is the property during the marriage relationship, is the same as the husband and wife property in principle. Therefore, regardless of the property status of both husband and wife at the time of marriage, and regardless of the duration of marriage, the property owned by individuals before marriage is still their own property before marriage. In order to change this situation, we can only change the legal marital property system through marital property agreement or premarital property agreement. As long as the divorce agreement is signed, no one can go back on his word. Many couples always try their best to sign a divorce agreement when they are in conflict. It is believed that as long as the divorce agreement is signed, the other party can't go back on his word and divorce, let alone the division of property and child support. Actually, it is not: 1. It is necessary to specify the effective time of the divorce agreement: the divorce agreement will take effect after both parties have gone through the divorce formalities. Whether through the civil affairs department or the court divorce. 2. If a divorce agreement has been signed, if one party goes back on his word before going through the divorce formalities, it will not take effect. Either party has the right to regret the division of property and the upbringing of children. When the court hears the case, it will not determine the content of the judgment according to the content of the divorce agreement, and it may also decide whether to divorce or not. 3. The signed divorce agreement can be used as evidence to prove the marital relationship breakdown and the existing property status. For the divorced person, the law gives him a chance to seek relief again. Our country's law allows the parties to file a lawsuit within one year after divorce and request the people's court to cancel the divorce. The premise of this situation is that when the divorce agreement is signed, one party has fraud or coercion. If this is the case, the victim can propose to dissolve the divorce agreement and re-divide the property. The above is the relevant content summarized by Bian Xiao. If you still have relevant legal advice or other things you don't understand, you can call an online lawyer to answer. The expertise of a lawyer can help you.