Free Divorce Counseling When faced with the dilemma of a broken marriage, couples often struggle with the question of who should file for divorce first. Many people are worried about whether the party who files for divorce first will be at a legal disadvantage, or whether it will affect the judgment on issues such as property division and child support.
Legal Principles and Regulations
China's Marriage Law clearly stipulates that both husband and wife have the right to file for divorce. This means that whoever files for divorce first will not be legally discriminated against or adversely affected. When hearing divorce cases, the court will follow the principles of fairness and impartiality and protect the legitimate rights and interests of both parties in accordance with the law.
At the same time, the Marriage Act also sets out the conditions and procedures for divorce. Either party can file a divorce lawsuit in court as long as the conditions prescribed by law are met. In the course of the trial, the court will comprehensively consider the opinions and evidence of both parties, as well as factors such as child support issues and property division, and make a fair judgment.
Take Mr. Li and Ms. Wang, for example, they have been married for many years, but in recent years they have been emotionally discordant and often quarrel. Mr. Li believed that the parties could no longer live together and filed a divorce lawsuit with the court. However, Ms. Wang has been hesitant to file for divorce first because she is worried that she will be at a disadvantage on the issues of property division and child support.
In this case, the court will not rule against Ms. Wang because she did not file for divorce first. When hearing a divorce case, the court will comprehensively consider the actual circumstances and evidence of both parties, as well as factors such as child support and property division. If Ms. Wang can provide sufficient evidence to prove her contributions and contributions in the marriage, as well as her reasonable needs for child support and property division, the court will make a fair judgment in accordance with the law.
3. Remarks on relevant regulations
Article 31 of the Marriage Law of the People's Republic of China stipulates: "Where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. ”
Article 32 of the Marriage Law of the People's Republic of China stipulates: "If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. ”
It doesn't make a legal difference who files for divorce first. Regardless of which party files for divorce first, the court will hear it in accordance with the law and make a fair judgment. When faced with the dilemma of marital breakdown, couples should be rational and resolve their differences through negotiation and mediation. If you really can't continue to live together, you can choose to file a divorce lawsuit in court, but you don't need to worry about the adverse effects on you if you file for divorce first.