There are two types of divorce: divorce by agreement and divorce by litigation.
Steps to Divorce by Mutual Agreement:
1.Filing for divorce: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
2.Cooling-off period for divorce (It is only applicable to divorce by mutual agreement, not to divorce by litigationWithin 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the prescribed time limit, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
If there is no agreement to divorce, then the steps of a litigated divorce:
1.Filing for divorce: If one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
2.Mediation: The people's court hears divorce casesYesconducting mediation;
3.Grant of divorce: If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
Circumstances in which the court shall grant a divorce:
1.In any of the following cases:Mediation is ineffective, the divorce shall be granted: (1) bigamy or cohabitation with another person; (2) committing domestic violence or abusing or abandoning family members; (3) Have gambling, drug abuse and other vices that are repeatedly taught; (4) Separated for two years due to emotional discord.
2.Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
3.Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
These marriages are protected:
1.Military marriage protection: The spouse of an active-duty serviceman who requests a divorce shall obtain the consent of the serviceman, unless one of the servicemen has major faults.
2.Female pregnancy protection: The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
Divorce compensation
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused: (1) bigamy; (2) cohabitation with another person; (3) committing domestic violence; (4) Abuse or abandonment of family members.
Cases in which divorce is not granted:
A husband and wife in Jiangsu have a daughter. A year later, the woman sued for divorce again and asked the court to rule that the child should be raised by the man, on the grounds that the woman often had to work night shifts and the woman's mother was frail and sickly, so the woman claimed that she was unable to support the child.
The man claimed that he had an unstable job and no fixed residence, and that the child had been taken care of by his mother while he was not divorced, and now that his mother was too old to take care of the child alone, he refused to raise the child.
The court heard thatThe husband and wife passed the buck to each other on the issue of raising children, seriously violating the moral norms of marriage and family, public order and good customs, and directly infringing on the lawful rights and interests of minors. In the end, the court ruled that the divorce would not be granted, hoping that the judgment would enable both parties to reflect on their own behavior, not shirk their family responsibilities, consider the rights and interests of their minor children, and properly handle family conflicts. NamelyBased on the basic principle of maximizing the protection of the interests of minors, the court did not grant the plaintiff's divorce claim
Cases of divorce claiming compensation for housework:
During the five years that the man was studying for a doctorate, the woman used her premarital savings and salary to raise her daughter, bear the family's daily expenses, and undertake all the housework such as clothing, food, housing and transportation, so the woman put forward a request for housework compensation of 100,000 yuan.
Article 1088 of the Civil Code states: ".Where one of the husband and wife has more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensationThe specific measures are to be determined by the two parties through consultation, and if the negotiation fails, the people's court shall make a judgment. ”
During the marriage period, the man spends most of his time completing his studies, improving himself, and finally achieving career development, which is obtained by the woman who pays more time and energy in taking care of her children and family work, and providing family life security. Now the parties are divorcedThe man should pay the woman financial compensation for her housework. The amount of economic compensation, based on the man's self-development space and income level obtained due to the completion of his studies during the marriage, and other comprehensive factors, the woman's claim of 100,000 yuan for housework compensation is reasonable and legal, and the court supports it.
Can I get the bride price back after a divorce?
On January 18, 2024, the Supreme People's Court promulgated the Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Bride Price Disputes, which will come into force on February 1, 2024.
A bride price paid in accordance with custom for the purpose of entering into marriage. Definition of bride price:When hearing a case involving a bride price dispute, the people's court may determine the scope of the bride price based on factors such as the local folk customs of both parties, the purpose of the payment, the time and method of payment, the value of the property, and the payer and recipient.
Property paid under the following circumstances is not a bride price:
1) Gifts or cash gifts of little value given by one of the parties to the marriage contract on holidays, birthdays, or other occasions of special commemorative significance; (2) Consumption expenditures incurred by one of the parties to the marriage contract for the purpose of expressing or enhancing affection; (3) Other property of little value. 2.It is forbidden to solicit property in the name of marriage in the name of bride priceWhere one party extorts property in the name of a bride price under the pretext of marriage, and the other party requests that it be returned, the people's court shall support it. 3.Conditions for the return of the bride price when the marriage is registered and living together:
Where both parties have already registered their marriage and are living together, and at the time of divorce one party requests the return of the bride price paid in accordance with custom, the people's court will generally not support it. But,If the period of living together is relatively short and the amount of the bride price is too high, the people's court may, on the basis of the specific circumstances of the case, comprehensively consider facts such as the amount of the bride price, the length of time spent together, the actual use of the bride price and the dowry, whether there were children conceived, and the fault of both parties, and in consideration of local customs, to determine whether to return the bride price and the specific proportion of the return. To determine whether the amount of the bride price is excessive, it may be determined by referring to facts such as the per capita disposable income of residents in the place where the bride price payer is located, the economic situation of the payer's family, and in conjunction with local customs. 4.Conditions for the return of the bride price when the marriage is not registered but living together:Where a marriage has not been registered but both parties are already living together, and one party requests the return of the bride price paid in accordance with custom, the people's court shall, on the basis of facts such as the time spent living together, the actual use of the bride price and the circumstances of the dowry, whether there was a child, and the fault of both parties, and in consideration of local customs, determine whether to return the bride price and the specific proportion of the return. These Provisions do not apply to cases where the trial has already been finalized before the implementation of the provisions, or where the parties apply for a retrial after the implementation of the provisions, or where a retrial is decided in accordance with the trial supervision procedures. The four typical cases in the attached long chart are for reference, which can be compared with the court's judgment on whether the bride price is returned under different circumstances: