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1. If the two parties voluntarily agree to divorce, they can go to the marriage registration office to register the divorce together, and the formalities may be completed in half a day. Divorce registration is handled in accordance with the procedures of preliminary examination, acceptance, examination, and registration (issuance of certificates). However, this does not include the time and effort required for various procedures such as repeated quarrels and negotiations in advance, as well as the division and delivery of property after the fact.
2. If it is a litigation divorce, the time required varies greater, ranging from three months to more.
One or two years, or even longer. There are also disputes over property, child support, etc., and there are not a few people who are still litigating even after five or six years of divorce.
Legal basis] Article 7 of the Regulations on the Administration of Marriage Registration states that the marriage registration authorities shall examine the certificates and supporting materials issued by the parties to the marriage registration and inquire about the relevant circumstances.
Where the parties meet the requirements for marriage, they shall be registered on the spot and a marriage certificate shall be issued; Where the parties do not meet the requirements for marriage and are not registered, the reasons shall be explained to the parties.
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In the case of divorce by agreement of the Civil Affairs Bureau, according to the provisions of the Civil Code, it takes at least 32 days for the divorce formalities to be completed. If you sue for divorce through the court, it generally takes 3-6 months, or even longer, from the lawsuit to the judgment.
Article 1077 of the Civil Code stipulates that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 149 of the Civil Procedure Law stipulates that a case tried by a people's court applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Legal basis: Article 1077 of the Civil Code.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 149 of the Civil Procedure Law.
People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
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Divorce by litigation or divorce by agreement, if it is a divorce by agreement, it may be handled on the same day; In the case of a litigated divorce, it is generally 3-6 months, and in special cases, it is extended by 9 months. If you want to know more about legal knowledge, remember to comment or poke me in a private message.
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1. Go through the divorce procedures at the Civil Affairs Bureau.
This method takes about 10 minutes.
Both parties need to be present, and both parties agree to the divorce, and have reached an agreement on the children, joint property, creditor's rights and debts of both parties, and form a written divorce agreement, which shall be signed and stamped by both parties.
Documents to be brought: marriage certificates of both parties, household registration books of both parties, ID cards of both parties, written divorce agreement in triplicate, and handling fee.
2. Go to the court to go through the divorce procedures.
The duration of this method varies from 30 minutes to 1 year, and the legal time is 6 months.
In this way, one of the parties does not agree to the divorce, or both parties agree to the divorce but cannot reach an agreement on property, children, etc., and the court needs to make a decision.
Documents to bring: The party who files for divorce needs to bring his marriage certificate, civil complaint in duplicate, ID card, household registration book, and litigation fees (the amount is to be determined, and the court needs to calculate it according to your complaint) to go through the case filing procedures at the court. Note:
You will need to provide the other party's ID number.
Precautions for the second way:
1. If you need to file a lawsuit in a court with jurisdiction, you can bring the above documents to the nearest court for consultation.
2. If you want to go through the divorce procedures in the court as soon as possible, you can ask your husband or wife to go to the court with you. Under the auspices of the court, if the two parties can reach an agreement on whether to divorce, child support, property division, creditor's rights and debts, etc., then a mediation letter can be made within half an hour at the earliest.
3. If you want to achieve the goal of divorce at one time, then it is best to hire a lawyer to participate in the lawsuit and help you fight the lawsuit. Please negotiate with your lawyer or law firm for legal fees.
4. If both of you do not have a marriage certificate and you started living together before February 1, 1994, then you need to provide proof of the grassroots organization of your long-term residence, because this situation is handled as a de facto marriage. If you started living together after February 1, 1994, then you do not need to prove it, because your cohabitation relationship is not protected by law, and the court will only deal with the children, joint property, debts and debts of both parties.
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Divorce procedures, under normal circumstances, if the two parties voluntarily agree to divorce, then two people can go to the marriage registration office to register the divorce, and the formalities may be completed in half a day, but now the divorce procedures, voluntary divorce will have a one-month cooling-off period before the application, after the divorce application, after a person's "cooling-off period" can officially go through the relevant procedures. If it is a case of divorce sued by the court, the time is relatively long, usually the court will persuade first, but if the adjustment is fruitless, the trial will generally take 3 months. If a party disagrees with the court decision, it is possible to file an appeal six months after the first instance decision.
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<> Conditions for Divorce by Mutual Agreement:
1. Both parties are legally registered husband and wife;
2. The divorce of both parties is completely voluntary;
3. The parties reach an agreement on matters such as child support, property and debt disposal;
4. The household registration of one or both parties is a permanent residence in the jurisdiction;
5. Both parties applying for divorce registration must apply to the marriage registration authority where one party's permanent residence is located at the same time, and shall not entrust others**.
Application materials: Mainland residents: their household registration booklet and ID card;
2. Marriage certificate;
3. The divorce agreement signed by both parties (in triplicate);
4. Both parties shall submit 2 1-inch single recent frontal half-body barehead**.
Procedure. 1. Acceptance: Both parties fill in the "Declaration of Application for Divorce Registration" and the registration authority provides it; The marriage registrar administers the oath and signs it.
3. Registration: If the conditions for divorce are met, it will be registered on the spot and a divorce certificate will be issued; If the conditions for divorce are not met, registration is not to be made, and the reasons are to be explained to the parties on the spot.
Divorce needs to be applied for in advance, there is a one-month cooling-off period after the divorce application is accepted, and if you want to divorce after one month, you can handle it on the spot with the materials.
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According to the Civil Code, the fastest is 31 days.
1.After the husband and wife go to the registration authority to apply for a divorce by mutual agreement, they need to transition to a 30-day cooling-off period for divorce. During this period, if either party is unwilling to divorce, he or she may withdraw the application for registration.
2.After the cooling-off period, both parties must be present in person within 30 days to apply for a divorce certificate. If the divorce application is withdrawn if the applicant does not show up in person, only one party is present, or if the divorce application is overdue.
If all goes well, it can be as short as 30 days or as long as 60 days.
The Ministry of Civil Affairs publicly stated that the cooling-off period only applies to divorce by negotiation and not to divorce by litigation.
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According to the latest provisions of China's Civil Code, if both parties register their divorce at the marriage registration authority, they need to apply to the marriage registration authority for a divorce certificate within 30 days after submitting the divorce application. According to the fastest calculation, that is, it is necessary to apply to the marriage registration authority for the issuance of a divorce certificate on the 31st day after submitting the divorce application (excluding holidays), and it will take 31 days for the divorce registration authority to complete the process on the same day.
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How long does the divorce process take, but it is not as simple as getting a divorce certificate in a few hours. If the divorce is a voluntary agreement, you can go to the marriage registry office to register the divorce together, and it seems that the procedures can be completed in half a day, but don't forget the time and effort spent on various procedures such as repeated arguments and negotiations in advance, and the division and delivery of property afterwards. In the case of a litigated divorce, the time required varies even more, ranging from three months to one or two years, or even longer.
There are also disputes over property, child support, etc., even if Liang Zhikong is still in court with Bo Gonggong five or six years after his divorce.
Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce in person at the marriage registration authority. Article 1077 of the Civil Code of the People's Republic of China: Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, the application for divorce registration may be withdrawn from the marriage registration authority.
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