In any of the following circumstances, the other spouse may request a divorce from the court: 1. Bigamy
2. Agree with someone other than your spouse. 3. One spouse maltreats the other. 4. One spouse maltreats the immediate family members of the other spouse, or the immediate family members of one spouse maltreat the other spouse, resulting in unbearable living together. 5. One spouse maliciously abandons the other. 6. One of the spouses intends to kill the other. 7. There is an incurable disease. 8. Suffering from serious incurable mental illness. 9. Life and death have been unknown for more than three years. 10. Being sentenced to fixed-term imprisonment of more than six months for intentional crime. If it is difficult to maintain marriage due to other major reasons other than those specified in the preceding paragraph, one of the spouses may request a divorce. However, if one spouse is responsible for this, only the other spouse can ask for a divorce.
At present, it is beneficial to deal with the "imperfection" of the broken relationship between husband and wife.
Lawyer Peng Guoshu further explained in detail, but in the past, in reality, the situation before 10 was a specific situation, such as bigamy and incurable diseases. If the specific situation of 10 is not satisfied, the early law cannot require a divorce judgment. Fortunately, the newly added situation of 1 1 in article 1052 can be regarded as putting yourself in the shoes of the husband-wife relationship that has gone wrong in reality, which is legally called "imperfection". In short, as long as the judge is required to judge the divorced party, he can also produce evidence to prove to the judge and win the judge's approval: "when the relationship between husband and wife is difficult to maintain."
The party having an affair has no right to take the initiative to appeal to the court for divorce by using "imperfection".
However, the party who really has an affair can't take the initiative to ask the judge for divorce, because the cheating party doesn't go home for a long time and has no intention of maintaining the relationship between husband and wife. Because the derailed party is responsible for this situation that it is difficult to maintain the marriage, the law also clearly stipulates that "if one spouse is responsible for the reasons that are difficult to maintain, only the other spouse can ask for a divorce."
Therefore, judging from this case, if Mr. Wang really has an affair, although his wife does not have any direct evidence or any evidence, Mr. Wang is not the one who asked the judge for a divorce. Even if Mr. Wang asks for a divorce voluntarily, he can only choose "divorce by agreement". In other words, it depends on whether the wife in the case is willing to deal with property, minor children and alimony with him. After negotiating the terms, I promised to sign a divorce.
How can stay-at-home mothers with financial difficulties fight for custody? ! When the relationship between husband and wife takes legal channels, when the relationship between husband and wife is not harmonious and faced with the choice of whether to divorce, many legal problems will often be involved. For ordinary people, difficult legal provisions are usually unknown, and they rarely take the initiative to contact and understand until the last moment. However, when they suddenly face the serious problem of divorce, they are often confused and confused. There are actually hundreds of divorce cases. This report is aimed at full-time mothers who have not worked for many years and whose financial situation is weaker than their husbands. If they really face the problem of divorce and want to fight for custody of their children, what should they do in the end? Please go to lawyer Peng Guoshu of Yin Da Law Firm to explain some difficult legal provisions in a simple way, hoping to help readers. situation
My wife is a full-time mommy. She has no job and no income. She and her first child have a preschool child. She has been taking care of children at home for more than four years, and the economy depends entirely on her husband. But Mr. Wang didn't go home for several months, and his wife wondered if Mr. Wang was having an affair, but she didn't really see it with her own eyes. She questioned Mr. Wang in various communication ways, and Mr. Wang euphemistically denied it. At this point, Mr. Wang suddenly returned home, even first filed a divorce with his wife and asked for custody of the children! If the wife starts to hire a so-called credit reporting agency to collect evidence of Mr. Wang's affair at this time, is it legal? In contrast, the wife's financial situation is not as good as her husband's, but the last thing she wants is to be separated from her children. She is afraid that she will really sign a divorce according to her husband's wishes, lose her marriage and lose the custody of her children. What should she do?
Lawyer Peng Guoshu of Yin Da Law Firm said that at present, the divorce procedures in Taiwan Province can be simply divided into the following two types:
1, divorce by agreement:
As long as the husband and wife can reach an understanding on property distribution, minor children, alimony and other issues, and there are two witnesses, they can sign a divorce. However, in most divorce cases, because both husband and wife want to obtain custody of minor children alone, they often struggle for a long time and refuse to give in to each other.
2. Divorce judgment:
In short, one of the husband and wife takes the initiative to go to the court and directly asks the judge for a divorce. This is called a divorce judgment. This article is clearly stipulated in Article 1052 of the Civil Code. Explain in vernacular, that is, the situation of 10 has been clearly stipulated by law. As long as there is one of these 10 situations in the marriage relationship, one spouse can directly request the judge to decide on divorce.
How can stay-at-home mothers with financial difficulties fight for custody? ! The relationship between husband and wife takes legal channels, and I want custody of the children!
Lawyer Peng Guoshu said that in several divorce cases, the couple who really decided to divorce did not fight for money, but for the custody of their children. Most of the questions raised by lawyer Peng Guoshu in his professional speeches are: "Lawyer, please teach me how to do it directly. I just want to know how to win custody of my children. " ! 」
What is custody?
Custody is the person who has the right to represent the child as a legal act before the child reaches adulthood, and is usually the main caregiver of the child. For example, to open an account for a minor child, the party with custody has the right to handle it for the child alone. As long as the husband and wife are still legally husband and wife, both husband and wife are usually guardians of minor children, so it can be said that * * * has the responsibility and right of "* * * has guardianship". That is to say, after divorce, all legal acts of the party who has obtained custody of minor children only need the signature of the responsible party to take effect in law. You don't have to find the other party, but the other party must sign and agree to take effect.
Lawyer Peng Guoshu further explained that under the above circumstances, the wife can ask her husband to be the sole guardian of the child, and the custody right belongs to her. If she doesn't want to be under guardianship with her husband, she is willing to sign a divorce. Otherwise, she can sign a divorce without agreeing to his request.
Custody is to see which side has more money and who can have custody?
In fact, many wives, like the wives in the case, will quit their jobs and concentrate on taking care of the children at home full-time. The economy depends entirely on the husband's work. Therefore, when the divorce is face to face, the most feared problem in the wife's heart is that her husband's economy far exceeds her own. However, she really doesn't want to lose her child. Can she really get custody of the child?
Lawyer Peng Guoshu said that if a judge is required to decide on divorce, in principle, the judge has only one standard, that is, "the best interests of the children", so the consideration of economic advantages is indeed one of the conditions, but the factors considered by the judge.
There are many, such as children at home, such as preschool children, will consider the principle that children follow their mothers, and judges will also observe many aspects, including:
1. Who is the child's long-term primary caregiver?
2. Who can really put forward specific events to prove that they are doing their best to take care of their children?
3. Who can specifically explain to the legal authority that after divorce, the more detailed and comprehensive the child's arrangement plan, the higher the chance of getting custody.
4. Unless the wife also has obvious incapability, such as taking drugs, committing crimes, having a serious criminal record, or although she seems to be the main caregiver of the child, she actually entrusts the child to her grandmother or someone else.
5. Children will also be invited to appear in court to seek their own wishes.
Preschool children appear in court, afraid of having a negative impact on young minds?
Lawyer Peng Guoshu said that in his divorce cases handled by the court, the court always invited their children to appear in court to solicit their wishes. The youngest child he met was really only 3 years old. When the judge invites the children to appear in court to ask about their wishes or understand the situation, they will ask both parents to leave the scene first, but their lawyers will stay. In fact, the judge also knows that the child is still young and will not ask questions in an overly serious or nervous way. Don't worry too much about this.
How can stay-at-home mothers with financial difficulties fight for custody? ! When the relationship between husband and wife takes legal channels, if they pay the credit reporting agency to collect evidence of the other party's affair, can they legally use it in court?
Lawyer Peng Guoshu said that as long as a legal credit reporting agency is hired to follow the filming in a legal way, it will never be illegal. However, the first thing to think about is, in order to obtain the evidence of the other party's affair, what is the reason for choosing to hire a credit reporting agency? As mentioned above, if the wife asks the credit reporting agency only to meet the divorce procedures, it is difficult to judge the reasons for legal divorce in the second case of "agreement with someone other than the spouse" in Article 1052 of the Civil Code.
First, the credit bureau must find that Mr. Wang and a third party entered a hotel. Then, as long as we grasp the time, we should inform his wife and the police at the same time and enter the hotel room accompanied by the police. Finally, physical evidence that Mr. Wang has the same body fluids as a third party must be found in the legal search procedure, which is enough to prove that "people other than spouses are the same."
In real cases, people who have extramarital affairs will flush objects with body fluids into the toilet before opening the door. Even after opening the door, some judges still believe that it is not enough to prove that "it is desirable with people other than spouses".
It is most advantageous for my wife to obtain evidence by herself with imperfection.
Therefore, instead, the wife will be advised to directly use "flaw doctrine" to imply that her husband will not go home for several months (closed-circuit monitoring system or witness can be installed at home). ). In addition, if the husband speaks ill words in a hurry after his divorce, the wife can record or take screenshots as evidence, whether it is face-to-face conversation or correspondence.
Finally, lawyer Peng Guoshu reminded me that, on the other hand, if it really comes to the last minute, Mr. Wang may deliberately provoke you to express malice, because Mr. Wang also recorded his wife's emotional cry. Conversely, Mr. Wang also has evidence to prove that the relationship between husband and wife is not harmonious, so Mrs. Wang should remind herself to respond to Mr. Wang's words or language as rationally as possible, and not to be emotional. This is a better way to protect herself. If it really goes to court in the future.
Peng guoshu
Present position: Partner lawyer of Yin Da Law Firm, CEO of Zou Mei Foundation, legal adviser to the Juvenile Police Force of Taipei Police Department, and legal adviser to the Young Women's Christian Association of Taipei.
Education: Master of Law Department (Criminal Law Department) of National Taipei University, Bachelor of Law from National Chung Hsing University.