How to get divorced with children: legal process and precautions
In recent years, the divorce rate has been increasing year by year, especially for families with children, and the legal and emotional issues involved in divorce are more complex. This article combines hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of issues related to divorce with children, including key information such as legal procedures, property division, and child support.
1. The legal process of divorce
According to the Civil Code of the People's Republic of China, divorce is divided into two types: divorce by agreement and divorce by litigation. The following is a comparison of the two methods:
| Divorce | Applicable conditions | time required | Materials required |
|---|---|---|---|
| divorce by agreement | Both parties voluntarily reach an agreement on child support and property division. | Processed after the 30-day cooling-off period | ID card, marriage certificate, divorce agreement |
| Litigation for divorce | One party disagrees with the divorce or has a dispute over child custody or property division | 3-6 months (depending on the complexity of the case) | Complaint, evidence materials (such as property certificate, child support ability certificate, etc.) |
2. Criteria for Determination of Child Custody Rights
Courts usually consider the following factors when deciding child custody:
| Considerations | Specific content |
|---|---|
| Children's age | Children under the age of 2 generally follow their mother; children over the age of 8 respect their wishes. |
| Parents’ financial ability | Income, housing conditions, etc. |
| children's growth environment | Living habits, educational conditions, etc. |
| Parental health status | physical and mental health |
3. Child support issues after divorce
The payment standards and methods of alimony are as follows:
| Project | Specific content |
|---|---|
| Payment standard | Generally 20%-30% of the payer’s income (one child) |
| Payment method | Monthly payment or one-time payment (need to be negotiated by both parties) |
| payment term | Usually until the child is 18 years old or living independently |
4. Property division during divorce
Property division is another hot topic in divorce. The following are the basic principles of property division:
| property type | segmentation principle |
|---|---|
| premarital property | Owned by individuals |
| common property after marriage | In principle, it will be divided equally, but it can be adjusted through negotiation or at the discretion of the court. |
| real estate | Comprehensive judgment based on factors such as investment status, registered name, etc. |
5. Psychological adjustment after divorce
Divorce is not only a legal process, but also a psychological challenge. Here are some tips to help you and your children get through this:
1.keep communicating: Communicate openly with your children and avoid hiding or belittling each other.
2.Seek professional help: Consult a psychological counselor or family therapist if necessary.
3.build a new life: Adapt to new life by cultivating new hobbies, expanding social circle, etc.
6. Popular questions and answers
According to the Internet search data in the past 10 days, the following are the popular questions about "How to get a divorce with children":
| question | brief answer |
|---|---|
| What to do with children’s household registration after divorce? | The transfer of household registration based on custody rights requires the cooperation of both parties. |
| What should I do if the other party doesn’t pay alimony? | Can apply to the court for enforcement |
| Can custody rights be changed after divorce? | Yes, it needs to be proven that the original caregiver is not suitable to continue to provide custody. |
Conclusion
Divorce is a complex process, especially when children are involved. It is recommended that you fully understand the relevant legal knowledge before making a decision and consult a professional lawyer if necessary. Remember, no matter how your relationship changes, your children's physical and mental health should always be your top priority.
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