On the question of divorce procedures, divorce procedures?

You said that she didn't know that she was going to **, and the divorce can only be done if two people go together, so you'd better find her first.

The procedures for divorce vary from country to country, but the following are the general divorce procedures: Filing for divorce: One or both parties need to file a divorce application with the local court.

The applicant needs to fill in the relevant divorce application** and provide the necessary supporting documents, such as marriage certificate, ID card, etc. Divorce mediation: In some countries or regions, the court may require the spouses to go through divorce mediation to seek reconciliation or resolve the dispute.

Mediation can take place through a court-appointed mediator or a professional body. Divorce agreement: If the spouses can reach an agreement, they can draft a divorce agreement that spells out the arrangements for both parties in terms of property division, child support, financial support, etc.

The divorce agreement needs to be signed by both parties and submitted to the court. Court hearing: If the couple cannot reach an agreement, or if the court deems it necessary to hear a divorce case, the court will arrange a hearing.

During the trial, the parties can present evidence and argue, and the court will make a judgment based on the relevant laws and evidence. Divorce Judgment: The court makes a divorce judgment based on the outcome of the trial and the relevant laws.

The judgment will clarify the divorce matters of the parties, such as the division of property, child custody, visitation rights, etc. Divorce registration: According to the judgment, the parties need to submit the divorce judgment to the local civil affairs department or similar agency for divorce registration.

Once the registration is completed, the divorce is officially effective. Please note that the above are general divorce procedures, and the specific procedures and requirements may vary from country to country. It is advisable to consult with a local lawyer or legal professional during the divorce process to ensure that local legal procedures are followed.

Couples who divorce by agreement from the Civil Affairs Bureau need to go through five steps: application, acceptance, cooling-off period, review, and registration (issuance of certificates).

Within 30 days after the expiration of the cooling-off period for divorce, both parties need to jointly obtain the divorce certificate from the marriage registration authority.

Hello, the following is the process of divorce and what procedures are required for divorce.

1. Divorce by mutual agreement.

Divorce by mutual agreement is commonly known as two-wish divorce or registered divorce. That is, the husband and wife divorce voluntarily. Both parties to a divorce by mutual agreement need to bring relevant documents and materials to the Civil Affairs Bureau to handle the divorce.

Divorce Procedures:

1. Prepare divorce-related documents.

2. Prepare divorce-related materials.

3. After the materials and documents are prepared, the husband and wife must go to the civil affairs bureau of the area where the party's permanent residence address is located to go through the divorce procedures.

4. The personnel of the Civil Affairs Bureau review the materials are correct, take back the marriage certificate, and issue the divorce certificate to the parties.

Divorce formalities.

The handling of divorce procedures involves a lot of relevant materials, the main materials are the following: the parties' household register, ID card, marriage certificate, **, divorce agreement, etc., in addition, overseas Chinese and foreign citizens should also bring their valid passports or other valid international travel documents (including copies).

Precautions for divorce procedures.

It should be noted that the written content of the divorce agreement should include the main points of the agreement, as well as a detailed description. In general, the divorce agreement should include: both parties declare whether the divorce is for the sake of resources; custody of the child; the debts of the husband and wife and how to deal with the debts; The joint property of the husband and wife is vested or disposed of after marriage.

Divorce by mutual agreement has the following characteristics:

1. The procedure is relatively simple and the handling method is convenient.

2. Due to the voluntariness of both parties, the divorce agreement is mostly a voluntary agreement between the two parties, and the voluntary observance and performance rate are high.

3. Litigation is avoided, and there is generally no mutual hatred and hostility between the husband and wife after divorce.

Divorce by lawsuit. Litigation divorce refers to a form of divorce in which the husband and wife are involuntary, or the two parties fail to reach an agreement due to the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court to dissolve the marriage relationship through mediation or judgment of the people's court. Litigation divorce needs to be filed with the court, which will take effect after trial or mediation.

Divorce Procedures:

1. Hire a professional lawyer to file a lawsuit with the people's court.

Note: The court must meet the following four conditions before it can be accepted: the plaintiff must be an individual with a direct interest in the case; There are specific claims, facts, and reasons; There is a defendant and it is clear; It is within the jurisdiction of the people's court that is the subject of the lawsuit.

2. Trial by the people's court.

In general, the court will review the case, file the case within 7 days, and serve a copy of the complaint on the defendant within 5 days after the case is filed. After the case is filed, the court will first adjust the parties, and the mediation will not be successful.

3. Judgment. Depending on the circumstances of the hearing, the appointing court will re-mediate the parties, and if the re-mediation has not been agreed, the court will pronounce a verdict.

Litigation divorce has the following main characteristics:

1. The divorce of the husband and wife is involuntary.

2. Unable to reach an agreement on the division of property, child custody, etc.

3. The people's court intervenes and plays a regulating role.

Hope mine is helpful to you.

If the parties are divorced by agreement, they should also bring a divorce agreement, which should contain the intention of the remaining parties to divorce voluntarily and the consensus on matters such as child support, property and debt handling; If it is a divorce by litigation, you must also bring relevant evidence.

According to Article 1076 of the Civil Code of the People's Republic of China, which came into effect in 2021, if 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 opinions reached through consensus on matters such as child support, property, and debt handling.

1. How to go through the divorce procedures for divorce by mutual agreement?

1. What are the conditions for divorce by mutual agreement?

1) Both parties are legally registered husband and wife;

2) the divorce of the 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 at the place where one party has a permanent residence at the same time, and may not entrust another person**.

2. How to register a divorce?

Go through the divorce formalities at the Marriage Registration Office of the Civil Affairs Bureau where one party has a household registration, ID card, marriage certificate and divorce agreement with the household registration booklet, ID card, marriage certificate and divorce agreement. The difficulties often encountered are: both parties leave the place of residence and live in other places, and the civil affairs bureau of the place of residence generally does not accept it; The divorce agreement does not meet the requirements (generally including consent to divorce, property division and child support).

It is not necessary to go through the divorce procedures at the Civil Affairs Bureau that issued the marriage certificate.

2. How to handle divorce procedures in domestic litigation divorce?

1) To which court to sue for divorce?

1. Both parties have a household registration in the same jurisdiction and live in the place where the household registration is located. The party filing the lawsuit can go to the local basic court to file the case with the ID card, marriage certificate, complaint and property certificate (with 2 copies of the case).

2. Both parties have the same household registration in the same jurisdiction, and one party has lived in a foreign country for more than 1 year. If a party residing outside the country initiates a lawsuit, it needs to file a case in the basic court where the other party's household registration is located; The party residing in the place of household registration can file a lawsuit in a local court, or in a basic court in the place where the other party habitually resides (more than one year of continuous residence).

3. If both parties have household registration in the same jurisdiction, both have lived in other places and have lived in other places for more than 1 year, one party files a lawsuit and files it with the court of the other party's habitual residence; Where there is no habitual residence, a case is to be filed in the court of that party's habitual residence.

4. If both parties do not have the same household registration and live in the place where one party's household registration is located, either party can file a lawsuit in the court of the place of residence.

5. If the hukou of both parties is not in the same jurisdiction and they each live in the place where the hukou is located, Party B files a lawsuit with the other party's hukou.

6. If both parties are not in the same jurisdiction, and one party has left the place of household registration for more than 1 year, a lawsuit shall be filed against the place where the other party's household registration is located; The lawsuit is filed by the other party at the place of habitual residence of the party who has left the place of residence.

7. Both parties have different hukou in the same jurisdiction of Yunpeixu District, and both have been away from the place of hukou for more than 1 year, and file a lawsuit with the court of the other party's habitual residence; if there is no habitual residence, the case shall be filed in the court of the place of habitual residence of the initiating party; The initiating party does not have a habitual place of residence and files a lawsuit with the court where the other party's household registration is located.

2) How to sue for divorce?

1. The prosecution stage of the divorce procedure filed by the court.

Litigation in divorce cases refers to a request by one party to the marriage relationship to the people's court to dissolve the marriage relationship with the other party in accordance with law. When filing a divorce case, the plaintiff shall submit the complaint and a copy to the people's court.

There are two ways to get divorced, one is divorce by agreement and the other is divorce by litigation.

The procedures that need to be completed for a divorce by mutual agreement are:

1. Application by the parties;

2. Preliminary examination by the marriage registration authority;

3. Issue the "Receipt of Acceptance of Divorce Registration Application";

Apply for the issuance of a divorce certificate upon the expiration of the cooling-off period for divorce;

5. Examination by the marriage registration authority;

6. Registration and issuance of divorce certificate.

The procedures for divorce by litigation are as follows:

1. Drafting complaints;

2. Prepare the evidence required for the lawsuit;

3. Submit the writ of complaint and evidence to the court with state and jurisdiction;

4. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time;

5. **: Both parties can entrust lawyers or other professionals to litigate;

6. The court makes a judgment.

Paragraph 1 of Article 1079 of the Civil Code stipulates that if one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

1. Marriage without a marriage certificate, divorce procedures: If you want to divorce without a marriage certificate due to the loss of the marriage certificate, you can first go to the marriage certificate to renew the marriage certificate, and then file for divorce with the marriage authority, or go to the court to agree on divorce. If a man and a woman have met the substantive requirements for marriage, but do not have a marriage certificate, it shall be treated as a de facto marriage, that is, unless both parties are willing to make up the marriage registration, they can only file a lawsuit in the people's court, and cannot go to the marriage registration department to handle divorce by agreement.

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

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 another person;

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, 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. 2. What should I do if I don't have a marriage certificate in my divorce?

1) What should I do if one of the divorced spouses does not have a marriage certificate?

If only one of the husband and wife loses their marriage certificate, the marriage registration authority may register the divorce on the basis of the marriage certificate of the other party.

2) What to do if both the divorced husband and wife do not have a marriage certificate.

1. If both marriage certificates of the husband and wife are lost, the marriage registration authority may handle the divorce registration on the basis of the marriage registration file or the marriage registration record certificate provided by the parties. The parties concerned shall make a written explanation of the loss of the marriage certificate, which shall be filed by the marriage registration authority.

2. If the marriage time is too long and the registration information at that time cannot be found, the marriage registration authority will not issue a certificate, and in this case, the divorce can only be filed. When filing a case, you can provide proof of a single pickpocket's bad position and a spring leak issued by the police station.

Marriage without a marriage certificate, divorce procedures: If you want to divorce without a marriage certificate due to the loss of the marriage certificate, you can first go to the marriage certificate to reissue the marriage certificate, and then file for divorce with the marriage authority, or go to the court to agree on divorce. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer on Hualu.com.

If the marriage certificate is lost, you can still go through the divorce procedures. You can first declare in writing to the Civil Affairs Bureau that you have lost your marriage certificate, and the Civil Affairs Bureau can still register the divorce according to another marriage certificate. If both parties' marriage certificates are lost, it is necessary to declare in writing that the marriage certificate is lost and provide a copy of the marriage registration file stamped with a special seal for file checking, and the Civil Affairs Bureau can handle the divorce registration formalities according to the above-mentioned materials provided by the parties.

Another way is to apply for a marriage certificate before going through the divorce. If the marriage certificate of the parties is lost, they may apply for a replacement with the original household registration booklet or ID card to the marriage registration authority where one of the parties has a permanent residence. The panties are rotten.

Mainland residents who have registered for divorce shall present the following documents and supporting materials: their household registration booklet and identity card; Marriage certificate of the applicant; A divorce agreement signed by both parties.