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In the morning, a 28 young lady gave me a call for some legal advice on the best way to divorce.|
She just has a little baby of 7 months. But the young husband doesn’t care about the wife and the new born baby playing all day outside home.
Generally speaking, divorce is not a good idea for new married couple, moreover they had just have a little baby. But the lady said she was cheated by her husband and even didn’t ever know that he had been in prison for 2 times.
Several months ago, because severe Family violence, the young lady left home living with her parents. And now, she has made the decision that she must leave her husband.
There are two legal ways to get divorce in China.
One is very simple. Both couples should go to the marriage register office to declare that they are willing to divorce and they have signed a divorce agreement. The agreement should include two important things: first, who would be the guardianship to their baby. Second, how their property and debts are distributed. This is the simple way because maybe the divorce application would be approved by the register office on the spot.
The other way is of course to sue in the court. The judge will make the decision if the divorce claims are approved. Often, the divorce case would be finished in 2-6months, but when one party of the couple does not consent severely, the judge would be more carefully to avoid some bad thing occurred, such as the wife suicide herself, the husband attack the wife, etc.
Most of the Chinese lawyers don’t like to be the attorneys in the divorce cases. I believe it’s really a terrible thing to divorce in China. Chinese still believe that to divorce means to split any relationships between the husband and wife. In a traditional Chinese divorced family, children would be the most injured victims. Most ex-husbands or ex-wifes don’t like to let the children to see their father or mother any more.
Talking back to the above lady, my heart got impact by her encountered problems. But I really want to know, why did she be more carefully before get marriage?
What’s your opinion? Thanks.