Does a domestic violence divorce require a cooling off period?

Legal analysis: the "cooling-off period" system does not apply to all divorce situations, the occurrence of domestic violence, does lead to the breakdown of the relationship, if you go to the court for divorce, there is no so-called "cooling-off period" application problem. Divorce can be obtained by mutual agreement with the other party, or divorce proceedings can be filed with the court.

Of course, if there is domestic violence, you can file for divorce. In the case of domestic violence, the court shall grant a divorce after mediation.

Domestic violence divorce can be carried out in two ways: divorce by agreement or litigation

1. Divorce by agreement requires a divorce agreement, ID card, marriage certificate, household registration book, etc.;

2. Litigation divorce requires a complaint, a copy of your ID card, marriage certificate, ID card or household registration book of the other party, a copy of the child's birth certificate or household registration book, etc., and the certificate of breakdown of the relationship between the husband and wife and the proof of property must also be submitted.

Legal basis: Civil Code of the People's Republic of China

Article 1076: [Divorce by Mutual Consent] Where both 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.

Article 1077: [Cooling-off Period for Divorce]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certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.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 1078: [Divorce Registration] Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus through consultation on matters such as child support, property, and debt handling, they are to register and issue a divorce certificate.

Article 1079:[Divorce by Litigation]Where one of the husband and wife 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. Have gambling, drug abuse and other vices that have been repeatedly taught;

4. Separated for two years due to emotional discord;

5. Other circumstances that lead to the breakdown of the relationship between the 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.

The cooling-off period for divorce refers to the cooling-off period in which both parties to a marriage apply for voluntary divorce under the principle of freedom of divorce, and within a certain period of time from the date of receipt of the application by the marriage registration authority, either party may withdraw the divorce application and terminate the registered divorce procedure.

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.

The divorce cooling-off period system is a new system added to the Civil Code, and its legislative reason is that there are fewer restrictions on registered divorce in China, and it is more convenient to divorce, and this kind of relaxed policy has created opportunities for hasty divorce, and the phenomenon of flash marriage and flash divorce is more serious, and the divorce rate is high, which is not conducive to maintaining family stability and protecting the interests of children.

According to Article 1077 of the Civil Code, the conditions for the cooling-off period for registered divorce are as follows:

First, if both parties voluntarily divorce and apply for divorce at the marriage registration office, and meet the conditions for divorce, the divorce certificate will not be issued for the time being, and the marriage relationship will not be dissolved immediately.

Second, the cooling-off period for divorce is 30 days, and within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority.

Third, within 30 days after the expiration of the 30-day cooling-off period, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate, and the marriage registration authority shall issue a divorce certificate, i.e., dissolve the marriage relationship. Fourth, if the parties fail to apply for a divorce certificate at the marriage registration agency within 30 days after the expiration of the cooling-off period, the application for divorce registration shall be deemed to have been withdrawn and no divorce will occur.

If domestic violence occurs during the marriage and the parties want to divorce by mutual agreement, then according to article 1077 of the Civil Code, the parties are still required to go through a 30-day cooling-off period for divorce.

In this regard, some people believe that this will prolong the suffering of the victim of domestic violence and is not conducive to protecting the legitimate rights and interests of the victim. However, in the case of domestic violence, in practice, it is generally necessary to file a lawsuit for divorce with the court, and the divorce cooling-off period system does not apply to the divorce lawsuit, and the court will generally make a divorce judgment in the first instance in the case of divorce due to domestic violence, so it is more conducive to protecting the legitimate rights and interests of the parties to divorce through litigation.

Whatever the reason for the divorce, it will now take a month of cold war. If you divorce because of domestic violence, you can get a divorce in two ways, the first is to get a divorce agreement with both parties, with a marriage certificate, household registration book, and ID card. Second, you can go to the court to sue for divorce, and at the same time, you must also take your ID card, household registration book, marriage certificate to make a copy, if you still have children, you can take the child's birth certificate or a copy of the household registration book, etc., and the certificate of breakdown of the relationship between the husband and wife and the property certificate must also be submitted.

What are the ways.

1. One is divorce by agreement.

1) Divorce by agreement1. Both parties applying for divorce should divorce voluntarily. If one party requests a divorce, the marriage registration authority will not accept it. 2. Both parties applying for divorce should have properly dealt with the issues of child support and property.

Where both parties request a divorce, but no agreement is reached on matters concerning child support, financial assistance for one of the spouses, and the handling of property and debts, the marriage registration management organs will not accept it. 3. In other cases where divorce by agreement is not granted, where one or both parties have limited or no civil capacity, the marriage registration authority shall not accept it; Where marriage registration has not been completed, the marriage registration management organs will not accept it.

Second, it is a lawsuit for divorce.

Whether the relationship between the husband and wife is broken down is an important factor for the court to consider the judgment of divorce, and if there are any of the following situations that belong to the breakdown of the relationship between the husband and wife, and the court mediation fails, the divorce shall be granted: 1. The other party is married to another person or lives with another person in the name of husband and wife; 2. The other party has domestic violence, abuse, or abandonment of family members; 3. The other party has gambling, drug abuse and other vices, and repeatedly refuses to change; 4. The husband and wife 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, such as one party suffering from a disease that prohibits marriage by law, one party concealing mental illness before marriage, which cannot be cured after marriage, one party committing adultery with others, illegal cohabitation, etc.

If there is domestic violence against your husband, you can directly choose to call the police without showing any mercy. With the implementation of the Civil Code, it has a certain impact on our lives, such as divorce, before the Civil Code takes effect, only the two parties need to agree to sign the divorce, but now there is a cooling-off period for divorce after the Civil Code takes effect.

Hello dear, I am glad to answer for you, no, domestic violence divorce is not subject to the "30-day cooling-off period", according to the law, the "cooling-off period" of divorce is applicable to the situation of divorce by agreement. If the divorce is earlier than domestic violence, the marriage relationship can be dissolved by means of litigation divorce, so it is not within the "cooling-off period" limit. 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.

Summary. Hello dear, it's an honor to answer for you; Domestic violence divorce does not require a cooling-off period, and domestic violence divorce is not subject to the "30-day cooling-off period", according to the law, the "cooling-off period" for divorce is applicable to the situation of divorce by agreement. In the case of divorce due to domestic violence, the marriage can be dissolved by means of litigation divorce, so it is not within the "cooling-off period" limit.

According to the provisions of the Civil Code on the "cooling-off period", the "cooling-off period" system is only applicable when both parties apply for divorce registration at the marriage registration authority, which is a manifestation of fully respecting and protecting the divorce rights and freedoms of husband and wife. This shows that the "cooling-off period" system does not apply to all divorce situations, and the occurrence of domestic violence does lead to the breakdown of the relationship, and if you go to the court for divorce, there is no so-called "cooling-off period" application problem.

Hello dear, it's an honor to answer for you; Domestic violence divorce does not require a cooling-off period, and domestic violence divorce is not subject to the "30-day cooling-off period", according to the law, the "cooling-off period" for divorce is applicable to the situation of divorce by agreement. In the case of divorce due to domestic violence, the marriage can be dissolved by means of litigation divorce, so it is not within the "cooling-off period" limit. According to the provisions on the "cooling-off period" in the Civil Code, the "cooling-off period" system is only applicable when both parties apply for divorce registration at the marriage registration authority, which is a manifestation of fully respecting and protecting the divorce rights and freedoms of husband and wife.

This shows that the "cooling-off period" system does not apply to all divorce situations, and the occurrence of domestic violence does lead to the breakdown of the relationship, and if you go to the court for divorce, there is no so-called "cooling-off period" application problem.

Legal basis: Article 1077 of the Civil Code stipulates: "Within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority."

Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply for a divorce certificate in person at Sun Xiangguan of the marriage registration Kaihong machine; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.