I would like to ask which is simpler, divorce by mutual agreement or divorce by litigation? Which is

Q: I would like to ask which is simpler, divorce by agreement or divorce by litigation? Which is faster?

Conditions for Divorce by Mutual Consent: 1Spouses who have registered their divorce in accordance with the law.

2.It is required to be "consensual", that is, the spouses have agreed on the intention to divorce, and this expression of intention must be genuine and voluntary. An expression of intent to divorce due to fraud, coercion or material misunderstanding by the other party or another person is invalid.

3.The statutory requirement that "the issue of children and property has been properly addressed" must be met. "Proper disposition" refers to an agreement between the parties to a divorce by mutual agreement on the handling of child support and property issues.

As long as the above conditions are met, a divorce by mutual agreement can be carried out.

The difference between divorce by agreement and divorce by lawsuit: the main thing is that divorce by agreement is a voluntary and autonomous divorce, while litigation divorce is a divorce method that requires a lawsuit and then a court judgment. Article 31 of the Marriage Law Where a man and a woman divorce voluntarily, 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 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.

Uncontested divorce is not superior to litigated divorce. The parties may first divorce by mutual agreement or file a lawsuit for divorce, and there is no order between the two. Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and dissolve the marriage relationship through Liang Zhikong's mediation or judgment.

Article 1076 of the Civil Code of the People's Republic of China provides that where a 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 of the Civil Code of the People's Republic of China provides that 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.

The way to divorce by mutual agreement is simple and convenient. The method of litigation divorce requires more energy from Hongzhi. Therefore, if it is not necessary to file a divorce, it is recommended to choose a divorce by agreement.

However, the prerequisite for divorce by agreement is that both parties agree to the divorce, and all issues such as child support, property division, and debt bearing must be agreed upon, otherwise, the civil affairs department will not handle the divorce formalities by agreement.

According to Article 10 of the Marriage Registration Regulations, if 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 a permanent residence to register the divorce.