judgment of divorce or media on paper of divorce comes into e ect.
Ar cle 1081 Where the spouse of a military personnel on ac ve service requests for divorce, the consent of
the spouse who is a military personnel on ac ve service shall be obtained unless he is at serious fault.
Ar cle 1082 A husband may not le for divorce during his wife’s pregnancy, within one year a er his wife
delivers, or within six months a er termina on of her pregnancy, unless the wife applies for divorce, or the
people’s court deems it necessary to hear the divorce request made by the husband.
Ar cle 1083 Where, a er divorce, both the man and the woman intend to resume their marital rela onship,
they shall le for re-registra on of marriage at a marriage registra on authority.
Ar cle 1084 The parents-children rela onship shall not be dissolved upon divorce of the parents. Whether a
child is under the physical custody of the father or the mother, he remains to be the child of both parents.
A er divorce, parents con nue to have the rights and du es to raise, educate, and protect their children.
As a ma er of principle, a mother shall, upon divorce, have physical custody of
her child under the age of two. Where parents fail to reach an agreement on the physical custody of their
child over the age of two, the people’s court shall adjudicate it in compliance with the principle of ac ng in
the best interests of the minor child and in light of the actual situa ons of both parents.
Ar cle 1085 Upon divorce, where a parent has the physical custody of his child, the other parent shall pay for
the child support in part or in whole. The amount and dura on of such payment shall be determined by both
parents through agreement, or, where no such an agreement is reached, adjudicated by the people’s court
through making a judgment.
The agreement or judgment provided in the preceding paragraph shall not preclude the child, when
necessary, from making reasonable demand of payment on either parent in excess of the amount speci ed
in the agreement or judgment.
Ar cle 1086 A er divorce, a parent who does not have the physical custody of his child has the right to visit
the child, and the other parent is obligated to facilitate the visit.
The manner and schedule for exercising the right to visita on shall be determined by both parents through
agreement, or, where no such an agreement is reached, adjudicated by the people’s court.
If a parent's visit to a child is detrimental to the child's physical or mental health, the visit shall be suspended
by the people’s court in accordance with law, and the visit shall be resumed when the cause for such
suspension no longer exists.
Ar cle 1087 Upon divorce, the community property of the spouses shall be par oned by them through
agreement, or, where no such an agreement is reached, adjudicated by the people's court in light of the
actual state of the property and in compliance with the principle of favoring the rights and interests of their
children, the wife, and the no-fault party.
The rights and interests of the husband or wife arising from the contractual management of land based on
the household shall be protected in accordance with law.
Ar cle 1088 Where one spouse is burdened with addi onal du es for raising children, looking a er the
elderly, or assis ng the other spouse in his work, the said spouse has the right to request for compensa on
upon divorce against the other party, and the other party shall make due compensa on. The speci c
arrangements for making such compensa on shall be determined by the spouses through agreement, or
adjudicated by the people’s court where no such an agreement is reached.
Ar cle 1089 Upon divorce, the husband and wife shall jointly pay o their community debts.
Where the community property is insu cient to pay o the debts, or the property is owned by each spouse
separately, such debts shall be paid o by the spouses through agreement, or adjudicated by the people’s
court where no such an agreement is reached.
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