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Anonymous users2024-02-05The law stipulates that if one of the spouses has been away from the place of residence for more than 1 year, and one party sues for divorce, and the defendant has no regular residence, the people's court of the place where the plaintiff lives at the time of filing the lawsuit has jurisdiction, and at the same time, it is recommended that your girl friend ask the other party to sue first in some way, so that the defendant's wife law stipulates that if the defendant is a citizen, the people's court of the defendant's habitual residence has jurisdiction - both methods may help your friend to carry out divorce proceedings in Shandong.
1. Conditions for divorce registration.
Both men and women must divorce voluntarily.
2. Both parties have full capacity for civil conduct.
3. The parties hold a divorce agreement, which must contain the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
4. The parties concerned hold a marriage certificate issued by the marriage registration authority in the mainland or the Chinese embassy (consulate) abroad.
2. Documents and materials submitted for divorce registration.
l. Permanent residence booklet and resident ID card.
2. Marriage certificates of both parties.
3. The divorce agreement of both parties.
4. Both parties shall submit 2 large 1-inch single recent half-length bareheaded colors**.
3. Procedures for registration of divorce.
1. The divorced man and woman jointly apply to the marriage registration office of the district or county-level civil affairs bureau (or town people**) of one party's permanent residence.
2. Both parties fill in the Declaration of Application for Divorce Registration and sign or fingerprint in front of the marriage registrar.
3. The willingness of both parties to sign and agree to the content of the agreement on the divorce agreement (in triplicate) and sign or fingerprint in front of the marriage registrar.
4. The marriage registration authorities shall examine the certificates, agreements, and supporting materials submitted by the parties to the divorce, and if the requirements for divorce registration are met, they shall be registered.
4. Time limit and fee standard for divorce registration.
l. Time limit for registration: If the documents and materials are complete, they will be registered and a divorce certificate will be issued.
2. Charging standard: 9 yuan per pair for domestic divorce registration.
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Anonymous users2024-02-04I don't know what you said, landlord, have you both got a marriage certificate? If so, then you have to go through the divorce procedures
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Anonymous users2024-02-03What should I do if I'm getting a divorce? So it's "about to get divorced"?
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Anonymous users2024-02-02Legal analysis: 1. Divorce by agreement.
If the parties divorce by agreement, the divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).
2. Divorce by litigation.
Divorce by litigation is commonly referred to as divorce through legal means. It is more complicated than a divorce by agreement.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Anonymous users2024-02-01If the parties want to divorce, they need both parties to go through the divorce formalities with the original marriage registration authority or the civil affairs department of the place of household registration of either party with the divorce agreement, marriage certificate and ID card.
Divorce has the following legal characteristics:
1. The dissolution of marriage is premised on the existence of a legal marriage relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a divorce after being united, it is not to be handled as divorce;
2. The subject of the dissolution of the marriage relationship is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity has abuse, abandonment, or other acts that seriously harm the personal rights or property rights and interests of the party without civil capacity, the person with guardianship qualifications may request a change in the guardianship relationship in accordance with special procedures, and if the changed guardian ** party with no civil capacity initiates a divorce lawsuit, the people's court shall accept it;
3. The dissolution of marriage shall comply with the statutory or probationary conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' and villagers' committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur;
4. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marriage relationship will lead to a series of consequences such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of the method of child support, and the settlement of joint debts.
Laws and Regulations
Marriage Registration Ordinance
Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.
Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.
Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!
Under what circumstances can a husband and wife request a divorce? According to the husband and wife who marry and form the same family and live together in the same family, they should respect and understand each other and support each other to maintain the sustainable development of their married life, but once the relationship changes, it is difficult to reconcile, and the parties are unwilling to maintain the relationship between the husband and wife, the husband and wife may divorce by agreement in accordance with Article 1049 of the Civil Code, and if the parties cannot reach an agreement, they may also request the court to grant a divorce and dissolve the marriage relationship between the parties when there are legal reasons under Article 1052 of the Civil Code. In the case of a divorce in the nature of a formation lawsuit, that is, to terminate the marital relationship of the husband and wife by the judgment of the court, one of the spouses who wants to divorce must be the plaintiff, and the other party who does not agree to the divorce must be the defendant, asserting that the marriage has the cause of Article 1052 of the Civil Code, and attaching relevant evidence to request the court of competent jurisdiction for judgment.
It seems that his desire for children and your inability to have children have caused a contradiction, first of all, he must be a very traditional man, the idea of inheritance and the reality of marriage make him contradictory and painful, but he does love you, so he did not divorce you, but with you and the outside world put a lot of pressure on him, so he is depressed, so when he is angry, he will release this depression, and you, now because of this contradiction, have begun to be depressed, and feel that seeing the husband he loves is unhappy for this, and he is also psychologically sad, Both of you have gotten into a dead end, at least he can still be angry with you, to vent this emotion, but you don't, so if you don't deal with it as soon as possible, you will soon have problems, in fact, there is no need to take whether you have children or not so seriously, maybe as a man, I am more avant-garde, in my opinion, I personally prefer the Dink, maybe you will say that this is an immature idea, then I want to ask, why do you have to have children to get married? Breed your own offspring? If this is explained, I don't think my own breed is very good, it doesn't matter; Pinning your hopes on the next generation? >>>More
1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father: >>>More
The parents of the daughter who divorced just felt sad. How can you marry such a man, parents all over the world are for their children, no matter who is right or wrong, they are on the side of their children, at this time the parents are just helpless, sad, and tell their parents well, how filial piety, they have the conditions to take their parents to their side, take good care of filial piety, divorce will also take into account your parents, it means that you are a filial daughter, divorce in this world is normal, want to open a little, time can dilute everything,