Preparations for divorce cases
1. Whether the relationship between husband and wife has really broken down and one of the men and women requests a divorce, the relevant departments can 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 indeed broken down and mediation is ineffective, divorce should 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.
(4) Having been separated for two years due to emotional disharmony.
(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.
2. Child support, child support payment methods, etc. 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.
3. Division of Family Property Article 39 In case 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.
divorce
Divorce refers to the legal act that both husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation. According to the provisions of China's Civil Code, if the relationship has indeed broken down and mediation is ineffective, divorce should be granted. "The relationship between husband and wife has indeed broken down" is the legal condition for judging divorce. Dissolve the marriage. The latter refers to the dissolution of the relationship between husband and wife through legal procedures.
Judgment standard divorce is a sad event for some people, but it is more a procedure after the death of the heart. Therefore, both sides of the divorce should deal with the problem rationally and peacefully.