How to go through the divorce procedures? Please, 3Q

The choice of divorce litigation occurs in the following two situations: one situation is that one party requests a divorce and the other party does not agree to the divorce and sues the court, or the two parties agree to the divorce but cannot reach an agreement on the distribution and assumption of child support, property and debts and sue the court; Another situation is the divorce lawsuit by agreement, which adopts this method when the place of habitual residence is inconsistent with the place of permanent residence, especially when the two places are far apart, and the parties can choose to file a divorce lawsuit at the place of habitual residence and settle the case through court mediation. The adoption of this method avoids the long-distance travel of the parties who are anxious for divorce and have to go back to the place where their hukou is registered to go through the divorce procedures.

Correspondingly, there are two types of procedures for divorce proceedings: (1) Mediation This procedure is applicable to the parties who have reached an agreement on divorce matters, and have a divorce agreement or reached an agreement on divorce matters through mediation presided over by the court. (2) Judgment The criterion for whether the court hears a divorce case and whether to grant a divorce is whether the husband and wife "have truly broken down their relationship".

As to how to determine that "the relationship between husband and wife has indeed broken down", the Marriage Law provides: (1) bigamy or cohabitation of a spouse with another person; (2) committing domestic violence or abusing or abandoning family members; (3) Have gambling, drug abuse and other vices that are repeatedly taught; (4) Separated for 2 years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. In addition, if one party is declared missing and the other party files a divorce lawsuit, the people's court shall also grant the divorce.

Hehe, if this is hopeless, then you choose to divorce.

Summary. Hello, there are two ways to divorce, one is to divorce by agreement, and you can go to the Civil Affairs Bureau to reach an agreement on joint property and child support, and the other is that you can only file a divorce if you fail to divorce by agreement, you can take the complaint, your ID card and marriage certificate, evidence and other materials to the court where the defendant is located to file a divorce lawsuit. If it involves property division and child support, the situation is more complicated, it is recommended that you hire a lawyer to litigate.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Hello, there are two ways to divorce, one is to divorce by agreement, and you can go to the Civil Affairs Bureau to reach an agreement on joint property and child support, and the other is that you can only file a divorce if you fail to divorce by agreement, you can take the complaint, your ID card and marriage certificate, evidence and other materials to the court where the defendant is located to file a divorce lawsuit. If it involves property division and child support, the situation is more complicated, it is recommended that you hire a lawyer to litigate. Laws and regulations related to the manner of divorce:

Article 31 of the Marriage Law provides that if a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

If both parties have already agreed, write a divorce agreement and go directly to the Civil Affairs Bureau to handle it.

If both parties reach an agreement on the divorce itself, the ownership of child custody, and the division of property, and can choose to divorce by agreement, both parties should bring the following materials: household registration booklet, ID card, marriage certificate, and divorce agreement jointly signed by both parties to the marriage registration authority where one party's household registration is located to go through the divorce formalities.

How to go through divorce procedures in a different place.

Divorce formalities may be handled at the civil affairs bureau in a different place, and the parties may register the divorce at the marriage registration authority in the place where one of the parties has resided continuously for more than one year after leaving the place of household registration.

According to Article 10 of Chapter 3 of the Marriage Registration Ordinance:

Where 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.

How one party goes through the divorce procedures.

If one party asks for a divorce and the other party does not agree, there is an option to sue for divorce.

One party goes through divorce procedures:

1.Writing a Divorce Petition: Asking the divorcing party to write a written divorce petition.

The complaint indicates the basic information such as the name and address of the defendant (defendant). Indicate specific demands: child support issues, property division issues, etc.

Write down the reasons for the divorce.

2.Filing a divorce petition with a court of competent jurisdiction: Filing a divorce lawsuit is a civil litigation case and is handled in accordance with civil litigation procedures.

Article 21 of the Civil Procedure Law: The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated 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. Civil lawsuits raised against legal persons or other organizations are under the jurisdiction of the people's court for the place where the defendant is domiciled. 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.

Legal basis. Article 1076 of the Civil Code of the People's Republic of China [Divorce by Agreement] Where the seller of both limbs of a husband and wife voluntarily divorces, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1078 of the Civil Code of the People's Republic of China [Divorce Registration] Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties, and receive the divorce certificate on the spot;

If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Divorce doesn't cost money, I went three months ago and left.

First of all, congratulations!

There are two things in the divorce: the household registration book of both parties, plus the ID cards of both parties.

There are also photos, copies of ID cards, and agreements that don't matter if you go to him to help you get it, no more than 30 yuan, and the cost of production.

The divorce agreement, household registration book, ID card, about 50 yuan (photo, copy) can be completed on the same day.

In the case of divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department where either party is registered to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; In the case of divorce by litigation, one party may unilaterally sue in the court of the defendant's domicile, or in the court of the place where the defendant is not registered but has habitually resided for more than one year, and article 32 of the Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, the divorce shall be granted.

If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation of the spouse with others, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., the court will not grant a divorce, and the prosecution can only file a lawsuit 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.

You can consult a lawyer, explain your own affairs to the lawyer, think of a way for you, I believe there will always be a solution. Good luck!

How could it not be found, is it missing, her family does not know.

Tianjin Lawyer Li (Professional Divorce Lawyer):

Two years after your disappearance, you can apply to the court to declare your disappearance and then sue for divorce. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

There are two main ways of divorce: divorce by agreement and divorce by litigation, and the corresponding divorce method needs to prepare corresponding materials.

If both parties can reach an agreement, sign an agreement, which mainly includes: property division, creditor's rights and debts, child support and other issues. After the agreement is completed, go to the Civil Affairs Bureau to handle it, and it will be done in ten minutes!

Can divorce procedures be handled in **?

There are two main ways of divorce: divorce by agreement and divorce by lawsuit, and the corresponding divorce party needs to prepare corresponding materials.

The procedures of the bridge of the closed marriage hall are cracked.

Divorce can be obtained by agreement to obtain a divorce certificate or file a lawsuit to the court to request a divorce judgment, you can choose according to your own situation.