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Divorce can be obtained in different places through litigation, but divorce in different places is not possible because most of the civil affairs bureaus have not realized the network, and divorce by agreement cannot be done in other places. The Marriage Law stipulates that if both parties voluntarily divorce, they must go to the marriage registration authority where one of the parties has their household registration to complete the divorce registration.
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Divorce usually has to be handled at the place where one of the spouses has a household registration, but if the marriage is in the place where the man's household registration is located, and the divorce is in the place where the woman's household registration is located, then it can be called a divorce in a different place. There is also a situation where both husband and wife have left their habitual residence for more than one year, and both parties divorce through litigation and divorce by a court judgment in a different place. So it is possible to divorce in a different place.
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If a man and a woman divorce voluntarily and have reached an agreement on issues such as child support and division of property, both parties shall jointly go through the divorce formalities at the marriage registration department where one of the parties has permanent residence. This is commonly referred to as a divorce by mutual agreement or voluntary divorce.
If only one party requests to resolutely request a divorce, or if both parties voluntarily divorce but do not reach an agreement on children, property, etc., they can directly file a divorce lawsuit with the court.
If you are suing for divorce, you need to provide your ID card, marriage certificate, complaint, and if necessary, some evidence about the division of property, or if the other party is at fault, evidence in this regard.
Is that okay?
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If the divorce is handled in a different place, the divorce can only be carried out through litigation. First of all, you must submit to the people's court the marriage certificate, ID card, indictment and evidence of the breakdown of your marital relationship, and write a complaint and submit it together.
Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China.
The people's court for the place where the defendant is domiciled has jurisdiction over civil lawsuits brought against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
Articles 120-149 of the Civil Procedure Law of the People's Republic of China.
Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations 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 others;
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 to clear the situation, the divorce shall be granted.
Where, after a people's court has ruled that a divorce is not allowed, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.
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It is not possible to go through divorce procedures in a different place, nor can it file a divorce lawsuit, but must apply for divorce procedures at the permanent residence of one of the two husband and wife, or file a divorce lawsuit.
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If the husband and wife divorce by mutual agreement, they can only go back to the civil affairs bureau where either of them is registered to go through the divorce formalities, and cannot handle it in another place, but if they sue for divorce, they may sue in another place.
Where one party sues for divorce, a divorce lawsuit is generally filed in the people's court at the place of the other party's household registration, and if the place of household registration is not the same as the place of habitual residence, the lawsuit is filed with the court at the place of habitual residence.
If you go to the Civil Affairs Bureau to handle the divorce, you need the ID cards, marriage certificates, household registration books and other materials of both parties.
Now there are five procedures for divorce by agreement:
1. Apply for divorce. The husband and wife should bring their ID cards, marriage certificates and other materials, sign the Divorce Agreement, and fill in the Application for Divorce Registration at the office designated by the marriage registration authority.
2. Preliminary examination. If the marriage registrar of the marriage registration authority finds that the conditions for divorce are met after preliminary examination, he or she shall issue a "Receipt of Acceptance of Divorce Registration".
3. Cooling-off period for divorce. Within 30 days from the date of acceptance of the application for divorce registration, if either of the man and the woman does not agree to the divorce, the application for divorce registration may be withdrawn.
4. Review. Within 30 days of the expiration of the cooling-off period, the imitation party shall apply to the marriage registration authority for the issuance of a divorce certificate with the relevant documents.
5. Registration and issuance of certificates. After the examination by the marriage registration authority, if the conditions are met, the marriage registrar shall register and issue a "Divorce Certificate" in accordance with the work specifications. <
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With the increase of population mobility and the change of people's concept of marriage, the divorce rate is getting higher and higher in China. A large proportion of them are migrant workers. How to dissolve the marriage relationship of migrant workers and how to go through the divorce procedures are problems faced by many people.
According to China's current legal provisions, there are two ways to dissolve the marriage relationship: one is divorce by agreement, that is, both parties agree to divorce, dispose of the property, child custody and alimony, joint claims and debts, and sign a divorce agreement, and go through the divorce registration registration at the marriage registration authority where one party is registered and dissolve the marriage relationship. If you divorce in this way, you will not be able to go through the divorce procedures in the other place where you work.
The second is to dissolve the marriage relationship by filing a lawsuit with the court. The jurisdiction of litigation cases in China follows the principle of the jurisdiction of the court where the defendant is located, but there are exceptions. As far as divorce litigation is concerned, if the plaintiff has been working in a foreign place for more than one year, the following circumstances can be filed in the place where the plaintiff works:
1) The defendant does not reside within the territory of the People's Republic of China, and the plaintiff sues for divorce; (2) The defendant's whereabouts are unknown or declared missing, and the plaintiff sues for divorce; (3) The defendant has been subjected to compulsory education measures; (iv) The defendant is imprisoned; (5) Both the plaintiff and defendant have been away from the place of their household registration for more than one year, and both parties are working in the same place; In addition, if one or both of the husband and wife are involved in residing or domiciling abroad, the court where the plaintiff is located will also have jurisdiction in individual cases. Legal basis: Article 10 of the Regulations on the Administration of Marriage Registration provides that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the 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. Article 21 of the Civil Procedure Law of the People's Republic of China provides that the people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated by citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
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Yes, you're Zunyi, aren't you? If your husband and wife are from the county, but if the other party works or works in Zunyi City, you can file a divorce lawsuit in Zunyi City, whether you are in the county or in Zunyi City, if you are a foreigner, not a local in Zunyi, then you work or work in Zunyi, you can also divorce in Zunyi, but you have to apply for a certificate of residence in Zunyi, if you need help, I am happy to provide you with legal services.
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Then let's leave.
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