Wenling divorce lawyer

Legal analysis: Custody, especially for children under two years old, is based on the principle of direct support from the mother; For children who have reached the age of two, if both parents can't reach an agreement on raising them, it shall be determined according to the specific circumstances of both parties and in the principle of being most beneficial to minor children; Children who have reached the age of eight should respect their true wishes; If a child is directly raised by one party, the other party shall bear part or all of the maintenance fee, and the amount and period of the fee shall be agreed upon by both parties; If the agreement fails, generally considering the actual needs of the children, the affordability of both parties and the local actual living standards, it is determined that the party who does not directly raise the children has the right to visit the children, and the other party has the obligation to help.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization 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 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 cohabitation 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.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.