What should the court pay attention to when handling divorce cases by itself?

If the other party asks for a lawyer, it may suffer. You must fight this lawsuit yourself. You can refer to the following:

There are three controversial issues in general divorce cases:

First, whether the relationship between husband and wife has really broken down;

Second: who will raise the children after divorce and how to pay the support;

Third: how to divide family property.

If the husband and wife can reach an agreement on the above three key issues, they can go directly to the marriage registration office of the Civil Affairs Bureau, which saves money and time. However, lawyer Li suggested that it is best to write a divorce agreement before going, and both parties should sign it to fix the meaning of both parties, so as to avoid disputes over some minor issues when going to the civil affairs bureau, thus avoiding the embarrassment of going to the civil affairs bureau for many times.

However, there are nearly 40% divorce disputes, which are very different between men and women. They can't reach an agreement on the divorce agreement, so they can only hire a lawyer to mediate until they appeal to the court. Some parties even omitted the step of hiring a lawyer and went to court directly.

First, the problems that should be paid attention to when filing a case.

(1) Carefully review the submitted litigation materials to avoid unnecessary troubles.

1. Avoid the situation that the defendant has two residences.

According to the relevant requirements, when a party files a case, the materials that should be submitted to the court are:

(1) indictment;

(2) marriage certificate;

(3) ID card;

(4) List of property.

It should be noted that before filing a lawsuit, it should be checked whether the current addresses of both parties are consistent with those on the household registration book or ID card. In particular, the defendant's information cannot have two or more addresses, otherwise some courts will require the parties to provide proof of the defendant's current residence, usually the proof of the current residence neighborhood Committee. This is very troublesome. If you can't file a case that day, you have to go to the defendant's neighborhood Committee to open a certificate, which is laborious and troublesome. Therefore, attention should be paid to checking the submitted litigation materials before filing a case to avoid the situation that the defendant has more than two addresses.

2. Standardize the writing of complaints.

It is best to write the complaint in a fixed format, and pay attention to the postal codes of the original and defendant's addresses, as well as the contact telephone numbers and mobile phones of both parties, so as to facilitate the court to contact the parties.

Some plaintiffs are full of grievances, so when writing a complaint, such as writing a novel, speaking thousands of words, or Rory's verbosity, there is no need to write everything that happened at home. In the text, it is enough to simply state the reasons and manifestations of emotional disharmony, without too many factual and memorable explanations, otherwise the hierarchy is not strong, the priorities are unclear, and the judgment is chaotic, which is counterproductive.

(2) On the issue of submitting the inventory of property.

Because divorce disputes and property disputes are handled together, the court charges according to the amount of disputed property, so the court will ask the plaintiff to submit a list of property. Lawyer Li still advises the parties to list the amount of property as little as possible and pay the legal fees in advance. This is not to avoid malicious payment of legal fees, but because after the prosecution, the original and the defendant still have the possibility of out-of-court settlement, that is, there is still the possibility of divorce through consultation. However, if the lawsuit is withdrawn once a consensus is reached, the legal fees paid to the court can only be refunded by half. Therefore, the more you pay, the greater the "loss". For the court, because the public trial can order the plaintiff to pay the litigation fees according to the amount of property, the court can collect the fees that should have been collected through this relief channel.

(3) About the time before and after the incident.

Some courts can file a case every day from Monday to Friday, and some courts do not file a case at a specific time (such as Friday morning or afternoon). Therefore, it is best to arrange to file a case from Monday to Thursday, and it is best to file a case before 4 pm, otherwise the court may not accept it after 4 pm.

After filing a case, you should pay attention to remember your case number, ask the filing personnel when the case can be transferred to the civil court or which court, and then contact the court judge in time to understand the progress of the case. Generally, after filing a case, it can be transferred to a civil court or court within three days. So call the case handler three days after the case is filed.

(four) on the issue of incidental application for investigation and evidence collection documents.

Due to the restrictions of laws and regulations, under normal circumstances, some specific evidence, such as bank deposits and stock account numbers, cannot be investigated before litigation, and can only be entrusted to the court for investigation or applied for an investigation order from the court. However, if the other party knows the original report to the court, it is likely to transfer the funds immediately. Therefore, our marriage lawyer suggested that the plaintiff directly attach an application for court investigation and evidence collection or an application for an investigation order to the complaint, and indicate the reasons for first inquiring and then serving, so as not to "startle the snake" and protect their legitimate rights and interests. Once it is clear that there are still a lot of funds in the account, consider taking the initiative of property document preservation.

Second, the problems that should be paid attention to during the defense period

(a) to supplement the evidence that should be submitted to prevent the expiration of the time limit for adducing evidence.

According to the rules of proof of the Supreme Court, the general court will issue a letter of proof to the plaintiff at the same time when filing the case. In divorce cases, there are generally two time limits for the court to give evidence, one is within seven days after the case is filed, and the other is before the court session. If it is the second time limit for giving evidence, the problem is not big. Just pay before the trial. If it is the first time limit, you must hand in the evidence on time, otherwise you are likely to be caught by the opposing lawyer and fall into a passive position.

(two) pay attention to contact with the presiding judge, timely understanding of the court time.

According to the provisions of the Civil Procedure Law, the court shall serve the summons on both parties three days before the court session. However, because the court session time will affect the progress and success rate of out-of-court mediation between the two parties, it is particularly necessary to know the court arrangements in advance. In addition, if the other party has paid the defense, you can also understand and read it at the first time, so that you can understand the psychological dynamics of the other party.

(three) do not give up mediation and consultation with the other party.

Although the lawsuit hit the court, it does not mean that both parties must "see you in court." To a certain extent, bringing a lawsuit to the court can make both parties realize the objective facts and carefully examine their divorce claims, but it will increase the possibility of out-of-court settlement. Therefore, it is also necessary to contact the other party for mediation.

Third, the problems that should be paid attention to during the court session.

Litigation materials, such as identity cards, complaints and original evidence, must be brought together. The court will generally ask the parties to make a statement, and it is best to write it on the premise and say it while watching it. Due to the different angles of the original and the defendant, the prepared statement materials are also different. As a plaintiff, when making a statement, we should try our best to state clearly the manifestations and facts of the breakdown of husband and wife's feelings, and attach relevant examples. As defendants, we should try our best to focus on the fact that the relationship between husband and wife is not bad enough to break up and be reasonable. Don't emphasize that the other party's statement on a certain point is not in line with the facts, but grasp the general direction, and don't be led by the other party and fall into the passivity of litigation.

Divorce litigation belongs to civil litigation, which is divided into three stages: prosecution, trial and judgment.

1. Prosecution is what people often say. The prosecution of divorce proceedings means that one party to a marriage relationship requests the people's court to dissolve the marriage relationship with the other party according to law. The following conditions must be suitable for suing for divorce: (1) The plaintiff must be an individual who has a direct interest in this case. (two) there are clear defendants, specific claims and factual basis. (3) under the jurisdiction of the people's court. The prosecutor shall submit a complaint or reasons for oral prosecution to the people's court.

The indictment includes the following contents: (1) the name, age, native place, work unit and current address of the original defendant. (2) the request and the facts or reasons on which it is based. (3) Evidence and its sources, names and addresses of witnesses. After receiving the plaintiff's complaint, the people's court, after examination, considers that it meets the conditions for prosecution stipulated by the judicial organ, and decides to file a case for trial, thus starting the proceedings, which is called acceptance.

2. The trial is the sum of all inquiries and interviews conducted by the people's court after accepting the lawsuit and before making a judgment. According to the provisions of China's procedural law, the trial is divided into three stages: pre-trial preparation, mediation and trial.

(1) Preparation before divorce trial. Including the following contents: serving a copy of the complaint means that after the people's court accepts the plaintiff's divorce complaint, if it meets the conditions for filing a case after examination, it shall file a case within 7 days, serve a copy of the complaint to the defendant within 5 days after acceptance, and the defendant shall file a reply within 15 days after receipt; Judges review litigation materials, stop asking questions, visit and study, and collect evidence; If the lawsuit or the respondent does not meet the requirements of the parties, the people's court shall notify the eligible parties to participate in the lawsuit, replace the unqualified parties, and stop the litigation preservation or payment according to the requirements of the parties.

(2) mediation. After accepting a divorce case, the people's court shall, on the basis of ascertaining the facts and distinguishing right from wrong, organize the parties to mediate contradictions, eliminate differences, understand each other and reach an agreement. After the conclusion of a mediation agreement, a mediation agreement shall be made, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. After the mediation is served, it has the same judicial effect as the judgment. Both sides must abide by it.

(3) The divorce proceedings shall be heard in court. If mediation fails, a court session will be held. The court hearing shall be conducted according to the following steps: notify the parties and other participants in the court hearing 3 days before the court hearing; If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall also be announced; Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline; The judge checks the parties, announces the cause of action, announces whether the judge applies for withdrawal, and then begins to ask and visit the court; Court inquiries and interviews are conducted in the following order: ask the parties and their statements. Inform witnesses of their rights and obligations, ask witnesses, and read out the testimony of witnesses who did not appear in court. Ask the appraiser and see the appraisal conclusion. Show documentary evidence, physical evidence and audio-visual materials. Read the interrogation record; Court debate, the plaintiff and his agent ad litem speak, the defendant and his agent ad litem speak, and the two sides argue with each other.

3. The judgment can be mediated according to the trial situation. If mediation fails, a verdict will be pronounced immediately. All trials in the people's courts are held in public. If the judgment is pronounced in court, the judgment shall be served within 10 days; If the sentence is pronounced regularly, the judgment will be issued immediately after the sentence is pronounced. At this point, the first instance procedure of divorce case is over. If a party refuses to accept the judgment, he may bring a second-instance lawsuit to a higher court.

First, the conditions for divorce by agreement.

Divorce by agreement must meet the following five preconditions:

(1) Both parties are legally registered husband and wife;

(2) The divorce of both parties is completely voluntary;

(three) the parties reached an agreement on matters such as child support, property and debt disposal;

(4) The accounts of one party or both parties are permanent accounts within their respective jurisdictions;

(5) When both parties apply for divorce registration, they must apply to the marriage registration office where one party's permanent residence is located at the same time, and may not entrust others to act as agents.

If you can't reach an agreement on any of the above, you can only divorce through litigation.

Second, the procedure of divorce by agreement.

The parties show their certificates → fill in the divorce agreement and divorce registration application → review by the marriage registration authority → issue a divorce certificate.

After both parties agree to divorce, they should sign a divorce agreement first.

Materials to be submitted for divorce:

1, marriage certificate;

2. Household registration book;

3. Identity card;

4. Divorce agreement;

5, two inches and two photos.

Marriage-related problems

1. Can the parties demand the return of the "bride price" paid according to the custom?

A: According to Article 1 0 of Interpretation II, which came into effect on April 1 2004, the people's court shall support the request of the parties to return the bride price paid according to the custom if it is found that it belongs to the following circumstances: (1) The parties have not gone through the marriage registration formalities; (2) Both parties have gone through the marriage registration formalities, but they have not lived together; (3) premarital payment, causing difficulties to the payer. Among them, for the latter two cases, the people's court will only support the request to return the bride price if both parties divorce.

That is to say, the people's court can support the request of the parties to return the "bride price" paid according to the custom, including the following three situations: (1) In the case that both parties to the marriage have not gone through the marriage registration formalities, the marriage does not meet the necessary formal requirements for the establishment of marriage stipulated by law, and a legal marriage has not been formed; (2) In the process of divorce, there are cases where both parties to the marriage have gone through the marriage registration procedures, but they have never actually lived together, that is, "there is a name for marriage, but there is no reality for marriage"; (3) In the process of divorce, one party proposes that it is difficult for him to pay the "bride price" before marriage, which leads to obvious unfairness. In addition to these three situations, similar requests are generally not returned, because the bride price is based on custom and is a voluntary behavior of the parties to a certain extent.

After the implementation of this interpretation, the people's court shall apply the relevant provisions of this interpretation to the handling of newly accepted cases of marriage and family disputes of first instance. Therefore, if the parties bring a lawsuit to the court and request the return of the "bride price", if the court accepts it in the first instance after April 1 2004 and it falls into one of the above three situations, the request for the return of the "bride price" can be supported by the court.

Preparation before suing for divorce

1. How much does the court charge?

According to the method of charging legal fees in the Supreme People's Court, if the amount of the disputed subject matter of a divorce case is less than 10,000 yuan, the court will charge 50 yuan legal fees. If the amount involved is more than 1 10,000 yuan, the court will charge 1% of the legal fees.

2. What are the conditions for suing for divorce?

A: (1) Both parties have a legal marriage relationship. Refers to the fact that both parties have a marriage certificate issued by the marriage registration authority or comply with the Regulations on the Administration of Marriage Registration promulgated and implemented by the Ministry of Civil Affairs 1994 in February.

(2) The relationship between husband and wife has indeed broken down. The so-called "the relationship between husband and wife has indeed broken down" means that the relationship between husband and wife has broken down, which is real and has happened. There should be enough evidence to prove the existence of this fact.

(3) During pregnancy, within one year after delivery or within six months after termination of pregnancy, the man may not file for divorce. This restriction shall not apply if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.

(4) under the jurisdiction of the people's court. It means that the court that accepts the complaint has legal jurisdiction over the case.

4. What problems should we pay attention to when suing for divorce?

Attention should be paid to the following two points:

(1) Collect relevant evidence; The court's trial of the case revolves around "evidence". Without evidence, it is difficult to win the lawsuit. Therefore, it is very important for the parties to collect relevant evidence around their claims before prosecution.

(2) protect family property. Before the prosecution, we should quietly collect the relevant evidence of husband and wife's property, such as the bank and account number of the passbook, the shareholder account number of the stock, the copy of the real estate license, the invoice or video of the husband and wife's property, etc., to prevent the other party from transferring the family property.

When necessary, you can also apply to the court for litigation preservation measures.

Analysis of Burden of Proof in Court Trial

Types of evidence that can be submitted in divorce cases

According to Article 63 of the Civil Procedure Law of People's Republic of China (PRC),

There are the following kinds of evidence in civil litigation:

1, documentary evidence;

2. Physical evidence;

3. Audio-visual materials;

4. witness testimony;

5. Statements of the parties;

6. Appraisal conclusion;

7. Check the records

(two) the parties should pay special attention to the investigation and collection of property evidence before bringing a lawsuit or after receiving a court summons.

The basis of the court's decision on divorce

The basis of the court's decision on divorce is that the relationship between husband and wife has indeed broken down.

It is indeed a complicated and difficult problem to determine whether the relationship has really broken down. Generally speaking, we can examine it from the following aspects:

First look at the foundation of marriage. It is to see whether the marriage between men and women is voluntary or forced, whether it is based on love or other factors other than love, which is the premise of concluding marriage.

Secondly, look at the feelings after marriage. Married feelings are the actual performance of husband and wife in their married life. The feelings after marriage are the foundation of marriage. Therefore, the development and change of marriage relationship is the key to correctly judge the existence of marriage relationship.

Third, look at the reasons for divorce. Whether divorce is caused by the emotional reasons of both parties or the fault of one party is different in divorce and damages.

Finally, look at the status quo of marriage and see if there is any possibility of reconciliation.

The above four aspects should be investigated together and comprehensively identified.

In any of the following circumstances, if mediation fails, the court generally considers that the relationship has indeed broken down and grants a divorce:

(a) bigamy or a spouse living 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. We can refer to the provisions of the Supreme People's Court's "Several Specific Opinions on How People's Courts Determine that Husband and Wife's Feelings have Really Broken" to judge from the aspects of marriage foundation, feelings after marriage, reasons for divorce and possibility of reconciliation.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

Children and alimony issues

1. Under what circumstances is it more likely that the court will rule that the child is raised by one party?

First, one party has been sterilized or lost fertility for other reasons;

Second, children live with one party for a long time, and changing the living environment is obviously not conducive to the healthy growth of children;

Third, there are no other children, and the other party has other children;

Four, children live with their children, which is conducive to their growth, while the other party suffers from infectious diseases or other serious diseases that have not been cured for a long time, or there are other conditions that are not conducive to their physical and mental health, which is not suitable for living with their children.

Fifth, there are conditions for raising children, but the other party requires children to live with them;

Sixth, one party has bad habits, such as gambling, alcoholism and other bad habits or quality problems, which have a negative impact on the healthy growth of children;

Seventh, under the premise that there is little difference in the support conditions between the two parties, such as job stability and income, if one party is at fault for the breakdown of the marriage relationship, such as there is evidence to prove that there is an extramarital affair, the child is more likely to sentence the other party;

Eighth, for other reasons, children really can't live with one side.

Ninth, the conditions for parents to raise children are basically the same. Both sides require children to live with their parents. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help them take care of their grandchildren, they can be considered as a priority condition for the children to live with their parents.

Second, about the standard and method of alimony payment.

1, alimony payment standard

The amount of maintenance burden shall be agreed by both parties; If the agreement fails, the court will make a judgment. According to the Supreme People's Court's opinion, for people with fixed income, they can generally pay 20% to 30% of their total monthly income for child care. 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.

2. Payment method of alimony

It can be paid in one lump sum, monthly or in the way agreed by both parties, depending on the specific situation. Generally speaking, it is paid monthly. If both parties want to save the trouble of pay-per-view in the future or the embarrassment when meeting each other, and one party is able and willing to pay in one lump sum, it can choose to pay in one lump sum. It can be paid directly in cash or deposited in a special account for child support.

3. Maintenance scope.

Support includes three items: living expenses, education expenses and medical expenses.

4. Time limit for payment of maintenance.

The length of the maintenance payment period shall be agreed by both parties. If the agreement fails, the court shall make a judgment. According to the interpretation of the Supreme People's Court's Marriage Law (1), parents only pay alimony to their children who are still receiving education below senior high school, or children who cannot maintain a normal life due to non-subjective reasons such as loss or incomplete working ability. Therefore, in principle, the legal obligation of parents to raise their children generally ends at the age of 18. If the child is still in school at the age of 18, parents have no legal obligation to pay alimony unless the payment period agreed by parents exceeds 18.

5. Conditions for one party to request the court to add child support.

(1) The original amount of childcare fee is not enough to maintain the local actual living standard;

(2) The actual demand has exceeded the original amount due to the child's illness, school and other reasons;

(3) there are other legitimate reasons that should be increased;

(4) Parents have the ability to pay.

6. One party requests the court to change the conditions of the dependency relationship.

(1) The party who lives with the children is unable to continue to raise the children due to serious illness or disability;

(2) The party living with the child * * * fails to fulfill the obligation of raising or maltreats the child, or living with the child * * * does have a negative impact on the physical and mental health of the child;

(3) The minor children who have reached the age of 10 are willing to live with each other, and the other party has the ability to support them;

(4) There are other legitimate reasons for the change.

Third, the evidence collection skills of child custody.

First, the comparison of basic conditions of husband and wife.

When competing for custody of children, the basic conditions of both husband and wife, such as salary, education level, housing conditions, physical health, living conditions, one party's ideological quality, and whether there are bad habits in behavior that affect the healthy growth of children, are all factors considered by the court.

Second, the comparison of the basic conditions between grandparents and grandparents.

Nowadays, children often live with their parents from an early age. Therefore, the children's living environment in the past, as well as the opinions and physical conditions of grandparents who have raised children for a long time, are also important aspects of fighting for child custody.

Third, strive for children's opinions.

If the child 10 is over the age of 0, the court will seriously listen to the child's opinions when judging the custody right, so it is also very important to do a good job of the child's ideological work before or during the divorce, so that the child is willing to live with himself.

divorce division of property

1. What property belongs to both husband and wife?

According to Article 17 of the Marriage Law, the joint property of husband and wife includes:

(1) Wages and bonuses; "Wages" here refers to the total wages, including:

1, hourly wage;

2. Piece rate;

3. Bonuses;

4. Allowances and subsidies;

5. Overtime pay;

6. Wages paid under special circumstances. 、

(2) Income from production and operation;

(3) Income from intellectual property rights; Refers to the property benefits actually obtained or clearly obtainable during the marriage relationship.

(4) Property acquired by inheritance or gift; But it does not include the property that is determined to belong only to the husband or wife in the will or gift contract.

(five) other property that should be owned by * * *. Explanation (2) clarifies the scope of other property that should be owned by * * *:

(1) Income gained by one party through personal property investment.

(2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women.

(three) the old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both husband and wife.

2. What property belongs to the personal property of one spouse?

(1) one party's premarital property;

(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;

(3) Property determined to belong only to the husband or wife in the will or gift contract;

(4) Daily necessities used exclusively by one party;

(5) Military casualty insurance, disability allowance and medical living allowance;

(six) other property that should be owned by one party.

3. How to divide the contribution of husband and wife in the company during divorce?

First, both husband and wife are shareholders. After the amount of shareholders' equity agreed by both parties or entrusted evaluation, the court can make a direct judgment;

Second, if one spouse is a shareholder and the other spouse is not a shareholder, it shall be handled in the following two ways:

1), both husband and wife agree to transfer part or all of their capital contribution to the spouse of the shareholder. If more than half of the shareholders agree and other shareholders explicitly waive the preemptive right, the spouse of the shareholder can become a shareholder of the company;

2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company.

4. How is the contribution of one spouse in the partnership divided during divorce?

When the husband and wife agree to transfer all or part of their property share in the partnership to the other party through consultation, they shall deal with it separately according to the following circumstances:

(1) If the other partners agree unanimously, the spouse shall obtain the status of partner according to law;

(2) If other partners do not agree to the transfer and exercise the priority right of transfer under the same conditions, they may divide the property obtained from the transfer;

(3) If the other partners do not agree to transfer or exercise the priority right of transferee, but agree that the partner withdraws from the partnership or returns part of the property share, the returned property can be divided;

(4) If the other partners neither agree to the transfer, nor exercise the priority right of transfer, nor agree that the partner withdraws from the partnership or returns part of the property share, it shall be deemed that all partners agree to the transfer, and the spouse has obtained the status of partner according to law.

5. How to divide the sole proprietorship enterprise invested and established by one spouse in the name of one spouse at the time of divorce?

(1) If one party advocates operating an enterprise, the party that has obtained the enterprise will give the other party corresponding compensation after the assets of the enterprise are evaluated;

(2) If both parties advocate operating the enterprise, on the basis of bidding by both parties, the party that obtains the enterprise will give the other party corresponding compensation;

(3) If both parties are unwilling to operate the enterprise, it shall be handled in accordance with the Law of People's Republic of China (PRC) Municipality on Sole proprietorship enterprises and other relevant regulations.

6. How do husband and wife divide all the houses when they divorce?

(1) Both parties claim the ownership of the house, and the court organizes bidding;

(2) If one party claims the ownership of the house, the appraisal institution shall evaluate the house according to the market price, and the party that has obtained the ownership of the house shall compensate the other party for the corresponding house payment;

(3) If both parties don't want a house, the court will auction the house according to the application of both parties to auction the house and divide the auction price;

(4) If the houses of both parties have not obtained ownership or have not completely obtained ownership at the time of divorce, they shall be settled through consultation. If negotiation fails, the court shall decide that the house shall be used by the parties according to the actual situation. After the house has obtained full ownership, the disputed party may file a separate lawsuit with the court.

Husband and wife have the same creditor's rights and debts.

7. Special protection of military marriage by law

(1) The spouse of an active-duty soldier who wants a divorce must obtain the consent of the active-duty soldier, unless the active-duty soldier has a major fault;

(2) The casualty insurance, disability allowance and medical living allowance of military personnel belong to the personal property of military personnel;

(3) One-time expenses such as demobilization fees and self-employment fees paid to military personnel, the duration of marital relationship between husband and wife multiplied by the annual average, and the income is the joint property of husband and wife. "Average value" refers to the total amount of the above-mentioned expenses paid to military personnel in a specific year. The specific number of years is the difference between the average life expectancy of 70 years and the actual age of soldiers when they join the army.

Compensation for divorce damages

1. What does the damages include?

"Damage compensation" includes material damage and mental damage.

The determination and treatment of compensation for mental damage refer to the relevant provisions of the Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort (Fa Shi [2001] No.7).

2. Conditions for applying for damages

In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:

(1) Bigamy;

(two) a spouse living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members.

When applying this provision in divorce proceedings, we should pay attention to the following aspects:

(1) When the innocent party claims damages as the plaintiff, it must do so at the same time as the divorce proceedings;

(two) when the innocent party is the defendant, if the defendant does not agree to the divorce and does not file a claim for damages, he may file a separate lawsuit for damages within one year after the divorce;

(3) If the innocent party, as the defendant, does not claim damages in the first instance and only claims damages in the second instance, the court shall conduct mediation. If mediation fails, a lawsuit can be filed again within one year after divorce without fault.

On the issue of economic assistance

1, applicable conditions of economic assistance

When divorcing, if one party has difficulties in life, the other party should give appropriate help from his personal property such as his house. "Appropriate help"

Specific measures shall be agreed by both parties; If no agreement can be reached, the people's court shall make a judgment according to the actual needs of the difficult party and the economic ability of the other party. The content of help can be in kind, such as the ownership or use right of the house, or money.

2, the standard of life difficulties

"One party's life is difficult" means that it is impossible to maintain the local basic living standard by relying on personal property and property shared during divorce. If one party has no place to live after divorce, it is difficult to live.

3. Forms of economic assistance

The content of help can be the ownership or use right of the house, or it can be money. If one party helps the people with difficulties in life with the housing in personal property, it can be the right of residence or the ownership of the house.