In case of divorce, both parties have reached a divorce agreement and there is no dispute. They can agree to divorce and go to the civil affairs bureau where they are registered. If negotiation fails, you can sue for divorce.
If a spouse files a divorce lawsuit, he shall file a lawsuit in the court of the defendant's domicile. If the habitual residence is inconsistent with the defendant's domicile, the habitual residence shall prevail, that is, continuous residence 1 year or more since the date of filing the lawsuit.
About the custody of children: Generally speaking, it will be analyzed according to the personal qualities, economic conditions, living environment and other conditions that are more conducive to the growth of children. Children under the age of two generally belong to the woman, and children over the age of eight will also consider their opinions.
One side raises the children, and the other side has to pay the alimony. The amount of child care fee can be determined according to the actual needs of children, the affordability of both parents and the actual living standard in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income.
Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees. Under special circumstances, the above ratio can be appropriately increased or decreased.
About property: in the event of divorce, the property of husband and wife is 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.
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife 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.