How long does it take to get divorced by mutual agreement and how long does it take to get divorce b

Lawyer Yi Yi answers: Hello, many people have consulted about how long does it take to divorce by agreement and how long does it take to divorce by agreement. In fact, divorce by agreement is the fastest way to divorce, if the two parties have completed the negotiation, both parties bring the marriage certificate, ID card, and household registration book to the marriage registration office to complete the divorce registration, which is often completed within half an hour.

In general, it takes about 7 days to 30 days for a divorce by mutual agreement. If you have hired a professional matrimonial lawyer, under normal circumstances, the lawyer will not advise you to file a lawsuit directly with the court, but will facilitate the parties to divorce by mutual agreement.

There are many disadvantages of direct litigation, not only does it take more time and financial resources, but the risk of the lawsuit itself is also an important factor, the first time to sue for divorce, it is difficult for the general court to make a divorce judgment directly without special circumstances, and often gives both parties a chance to ease. Therefore, after receiving a divorce case, the lawyer will first analyze the case according to different cases, formulate the steps and methods for handling the case, and contact the other party after the analysis is completed, and in the past 3 years, the lawyer's request to meet with the other party is rarely directly refused, and most cases can meet with the other party and communicate effectively before the lawsuit (if the divorce by agreement is not possible).

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.

Divorce by agreement can take anywhere from a few minutes to a few young people. The length of time for a divorce by mutual agreement mainly depends on the time when both parties sign the divorce agreement, which can be tens of minutes as fast as possible, and no time limit if it is slow. After accepting the client's entrustment, the lawyer will handle the divorce procedures, and the fastest time is about one hour.

[Legal basis].Article 1076 of the Civil Code of the People's Republic of China.

Where the husband and wife divorce voluntarily, 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.

According to the latest provisions of China's Civil Code, if both parties go through the registration of divorce at the marriage registration authority, they need to apply to the marriage registration authority for the issuance of 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 (excluding holidays) after submitting the divorce application, and it will take 31 days to complete the process at the marriage registration office on the same day.

Legal analysis: After the man and woman sign the divorce agreement, both parties must apply for divorce at the marriage registration office. The marriage registration machine examines the conditions for divorce by mutual agreement, and if the conditions for divorce by mutual agreement are met. A divorce certificate is issued, and the divorce agreement becomes legally effective.

Legal basis: Article 1070 of the Civil Code of the People's Republic of China Article 7 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 time limit 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.

It takes about a month for a divorce by mutual agreement and about three to six months for a divorce to sue for divorce. According to the relevant laws and regulations, after 30 days from the date of receipt of the divorce registration application by the marriage registration authority, both parties may apply for a marriage certificate in person. In cases tried by the people's courts applying the ordinary procedures, the time limit for trial and allocation is six months, and the summary procedures are three months.

[Legal basis].

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, 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.

Article 161.

The People's Pei Yinmin People's Court applying the summary procedures to hear a case shall complete trial within three months from the date on which the case is filed.

In the case of a divorce by mutual agreement, it mainly depends on how long it takes for both of you to negotiate and reach an agreement. After both parties reach an agreement, sign a divorce agreement and go to the Civil Affairs Bureau to handle it. At that time, you can get the "Divorce Certificate".

If it is a litigated divorce, the procedure will be much longer. Divorce through litigation procedures must first go through the filing of the case, the first trial, and finally the judgment. During this period, if there is only a first-instance trial, the summary procedure shall be used for trial for a maximum of three months plus 15 days.

A minimum of six months plus 15 days for ordinary proceedings will be heard. If there is a second-instance procedure, three additional months are added to the second-instance proceedings. When I decided to get married together, both parties must have feelings.

If there is a rupture in the relationship, both parties should communicate more and try not to talk about divorce easily. If you really can't continue to live, try to choose a peaceful solution that doesn't hurt your feelings such as negotiation, and there is no need to end up making enemies, after all, it was once a family of Grip Yin.

If both parties reach an agreement on divorce, they need to apply to the Civil Affairs Bureau, and the marriage can be dissolved after the Civil Affairs Bureau has completed the review.

In principle, the Civil Affairs Bureau needs to complete the review within one month after the application of both men and women, but in practice it often does not take such a long time.

If both parties submit the application for late promotion and there is no objection after review, the Civil Affairs Bureau can issue a divorce certificate on the same day.

Legal basis] Article 31 of the Marriage Law, 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.

The Marriage Law stipulates that divorce by mutual agreement means that the husband and wife divorce voluntarily and reach an agreement on child support and property division, and then go to the Civil Affairs Bureau to register the divorce and obtain a divorce certificate. Therefore, what is required for an uncontested divorce is that the time is mainly in the hands of the spouses.

If both spouses have agreed on all the contents of the divorce by mutual agreement, then the divorce by mutual agreement will take a short time to process.

However, in practice, divorce by mutual agreement may reach an impasse for various reasons. For example, if the two parties cannot reach a consensus on the custody of the child and the division of property in a short period of time, then the divorce will inevitably fail. In this way, a divorce by mutual agreement is far away.

If the two parties reach a divorce agreement and register the divorce through the Civil Affairs Bureau, according to the new marriage registration law, as long as the formalities are complete, it can be handled on the same day.

[Legal basis].

Article 13 of the Marriage Registration Regulations provides that the marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, the divorce shall be registered on the spot.

Data Extensions

Divorce by agreement, also known as two-wish divorce or registered divorce, is called voluntary divorce between the parties in China's Civil Code, which refers to the divorce method in which the marriage relationship is dissolved due to the agreement of both parties.

Divorce by mutual agreement has the following characteristics compared to litigation divorce:

1. The procedure is simple and convenient.

2. The divorce agreement is easy for the parties to consciously abide by and perform.

3. It avoids the burden of litigation and alleviates the hatred and hostility of the parties to the marriage.

Divorce by agreement is the fastest way to divorce, if the two parties have completed the negotiation, both parties bring the marriage certificate, ID card, and household registration book to the marriage registration office to complete the divorce registration, which is often completed within half an hour. After accepting the commission, a professional matrimonial lawyer will never sue the court directly, but will facilitate the parties to divorce by mutual agreement. There are many disadvantages of direct litigation, not only does it take more time and financial resources, but the risk of the litigation itself is also an important factor to talk about difficulties, the first time to sue for divorce, there are no special circumstances, it is difficult for the general court to make a divorce judgment directly, often give both parties a chance to ease.

Generally, it is completed on the same day. Extended Information: What documents do I need to bring for a divorce by mutual agreement?

Before initiating the divorce by mutual agreement, you must first submit some documents and supporting materials, which are required in the process of divorce by mutual agreement.

1. Identity certificate, different residents need to provide different identification materials;

1) Mainland residents: Qi Nashu's household registration booklet and ID card;

2) Overseas Chinese: People's Republic of China passport, permanent residence permit (green card);

3) Hong Kong residents: Hong Kong Identity Card, Mainland Travel Permit for Hong Kong Residents or Home Return Permit for Hong Kong Compatriots;

4) Macao residents: Macao Resident Sun Identity Card, Mainland Travel Permit for Macao Residents or Home Return Permit for Hong Kong Compatriots;

5) Foreigner: Valid passport or other valid international travel documents.

2. Marriage certificate;

3. The divorce agreement signed by both parties (in triplicate);

4. The two sides should each submit 2 1-inch single recent frontal half-body bareheaded**.