My husband and I are divorced, what should I do with my children s household registration?

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

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; 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".

The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

The child's hukou should follow the caregiver, and since you are the one who raises you, the hukou should definitely follow you. It is advisable to consult the relevant authorities and move out of the account as soon as possible.

Tianjin Lawyer Li (Professional Divorce Lawyer):

It may have an impact on your job and your child's schooling. 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.

It is best to move out, so as not to implicate your husband on this ground in the future, and you can consult the local public security organ for specific procedures.

After the divorce of the couple, what should be done with the children's household registration?

<> "Divorced, what should I do with my children's household registration?"

Many divorced couples have fallen apart and want to completely separate the boundaries and have nothing to do with each other. Let's talk about common hukou problems.

1. When divorcing, can I file a claim to ask the other party to move out of the hukou?

In the event of a divorce, the court will reject the lawsuit requesting the other party to move out of the household registration.

It must be made clear: the law applicable to divorce and hukou is completely different! Divorce disputes are disputes between equal parties, while hukou issues are matters for which citizens apply to administrative authorities for handling.

Therefore, it is not necessary to resolve the problem of household access through civil litigation.

2. After the divorce, does one party have to move out?

After the divorce, you can choose whether to move out of the household registration.

If you can agree on not moving out, then you can continue to stay in the same household register. This is because when a husband and wife go through the divorce procedures, the civil affairs department will stamp a divorce seal on the household registration book to prove that you have dissolved the marriage.

If there is an agreement in the divorce agreement on moving out of the hukou, or if there is a clause in the judgment on moving out of the hukou, or if one of the heads of the household clearly does not agree to the other party continuing to stay in the hukou, you must move out of the hukou.

3. After the divorce, do I have to move my household registration back to my original household registration?

After the divorce, the party who moves out of the household registration can move back to the original place of household registration before the marriage or the current place of habitual residence, or can choose to set up another household registration on his own or move out after remarriage.

Whether you set up another portal or move back to your original household registration and current habitual residence, you need to understand the procedures and procedures of the household registration department of the local public security bureau on moving out and moving in in advance, and then prepare the materials for handling after meeting the conditions of the household registration department of the local public security bureau.

4. In the event of divorce, must the child's household registration be accompanied by the parent who obtains custody?

In the event of a divorce, the child can choose to follow one of the spouses.

If the child is under the age of 18, the parents need to go through a series of hukou transfer procedures on their behalf. If the child is over 18 years old, he can go to the household by himself and handle it like the registration department. In addition, they also have the right to choose to set up a separate household, in addition to choosing to move to the household registration office of one of the parents, or they can choose to go through the procedures for a single independent household on their own.

The child's household registration can go with the party who negotiates, or makes a judgment or mediation to determine the ownership of custody, especially for minor children. Due to the importance that China attaches to education since ancient times, it is particularly important for minor children who are in the first period of receiving education. Therefore, when choosing which side of the household registration of the child with a big difference, the education issue can be considered first.

Legal analysis: In accordance with the relevant provisions of the Civil Code of the People's Republic of China, if the parents divorce, the child will be awarded to whoever the child's household registration is. If the child is raised by one of the parents and the other party needs to move out of the household registration, the child's household registration page will follow the move-out, and if the household registration of this party does not move, the other party will move out, then the child's household registration does not need to move out.

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

Article 1076: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 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.

Legal analysis: one is to divide the household, and the other is to move back to the household registration.

1.After the divorce, the hukou of both parties will be separated, that is, each person will have a hukou book.

2.Bring your household registration booklet to the household registration office of the local police station, and the staff will fill out a household registration migration certificate for you, and then cancel the household registration of the party you want to move from the household registration file of this place.

3.Take the hukou migration certificate to the hukou office of the local police station where you are about to settle down, for example, you can move the hukou back to the work unit by providing proof of your work unit.

Legal basis: Article 13 of the Regulations of the People's Republic of China on the Administration of Household Registration: When a citizen migrates, within three days in urban areas and within 10 days in rural areas, he or she or his household shall preside over the relocation certificate and declare the relocation registration to the household registration authority, and surrender and cancel the relocation certificate. Citizens who do not have migration certificates shall apply for relocation registration at the household registration authority in the place of relocation with the following documents:

1. Demobilized, demobilized, or discharged servicemen shall be arrested with certificates issued by county or city military service organs or military organs at or above the regimental level;

Overseas Chinese and international students returning from abroad with a People's Republic of China passport or entry document;

3. Persons who have been released by the people's courts, people's procuratorates, or public security organs may present the certificates issued by the organ that released them.

<>1.Move back to your place of origin

After the divorce, the woman is often the one who moves out, which does not prevent the migration procedures. Articles 10, 13 and 19 of China's "Regulations on Household Registration" all contain relevant provisions on the transfer of divorced household registration. Citizens may, in accordance with the relevant provisions of the local household registration, return to the place where their original household registration was located if they agree to move back to the place where they were registered before the marriage.

2.Set up a separate portal

As the hukou policy varies from place to place, the conditions for opening a separate hukou will also vary from place to time.

Under normal circumstances, it is necessary to have an independent real estate as a condition, and meet the conditions of the household registration management department of the local public security bureau to handle it. In China, the method of divorce will have an impact on the handling of the hukou transfer procedure. Divorce includes divorce by mutual agreement and divorce by litigation, and correspondingly, the law also stipulates different procedures for the transfer of hukou.

If it is a litigation divorce or mediation divorce, it is also necessary to go to the relevant departments with the court judgment or mediation letter.

3.Remarry and move again

If you remarry after divorce and need to move your hukou, different provinces and autonomous regions have also made more specific provisions on the procedures for moving your hukou, and you need to consult the public security department (usually the police station in the jurisdiction under your jurisdiction) that is responsible for the management of your hukou in the place where you move in, understand the documents and materials that need to be provided for the hukou move-in application, and then submit an application for hukou move-in. Be sure to provide all kinds of documents and materials as required when submitting the application, such as the marriage certificate for remarriage, etc.

4.Do not move out

After the divorce of the husband and wife, the woman does not have to move out, but can continue to stay with the man. This is because when a husband and wife go through the divorce procedures, they will stamp the official seal of "divorce" on the household register. Of course, if the husband and wife have an agreement to move out, or if there is a request for a judgment or mediation letter, the woman must move out.

After the divorce, you can go to the local police station to move out of the hukou. You can move to the street where you live.

If you and your husband are divorced, you can move your hukou home, or you can not move for the time being, and then move when you have a house.

If you are divorced, if you own a property, you can move to the neighborhood committee where the property is located. The village committee agreed to accept it and brought the relevant materials to the police station in the jurisdiction to handle it. If you don't have a house, you can move back to your hometown and join your parents.

You can take the divorce certificate, household registration book, and ID card to the police station where your household registration is located.

Of course, you have to move out of the hukou, otherwise it will be very inconvenient for you to apply for a hukou when you remarry. Go directly to the government affairs hall to handle it.

The parties to the divorce may go to the local public security police station to go through the formalities of household division or transfer with the original household registration booklet and the court's judgment or mediation document, and the local public security police station shall handle it in accordance with the provisions on household division and household establishment in accordance with the court's judgment or mediation document.

In fact, if you and your husband divorce, the household registration will be maintained, and the current place of household registration is also okay, so you don't need to transfer away in a hurry, if you don't think about it.