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If the two parties can reach an agreement on whether to divorce or not, the ownership of children, and the division of property, divorce by agreement is the fastest, and it only takes 31 days.
If the parties cannot reach an agreement, they can only divorce through litigation, and the time for divorce by litigation shall be determined on the basis of the specific circumstances of the case.
There are two ways of divorce in our country, one is divorce by agreement and the other is divorce by litigation.
1. If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.
2. If the two parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the court where the defendant is domiciled to sue for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce.
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There are two ways to divorce, one is agreement, and the other is litigation. Now the Civil Code will only be implemented from next year, and the cooling-off period for divorce has not yet applied, so at present, it is necessary to negotiate the fastest way to go to the Civil Affairs Bureau, and it can be done in one day. If the other party does not agree, you can only sue during the litigation period, and mediation can be done at any time.
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A quick divorce can be divorced through litigation.
Divorce has the following legal characteristics:
1. The dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce.
2. The subject of the dissolution of the marriage relationship is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity has abuse, abandonment, or other acts that seriously harm the personal rights or property rights and interests of the party without civil capacity, other persons with guardianship qualifications may request a change in the guardianship relationship in accordance with special procedures, and if the changed guardian ** party without civil capacity initiates a divorce lawsuit, the people's court shall accept it.
3. The dissolution of marriage shall comply with the statutory conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur.
4. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marital relationship will lead to a series of consequences such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of child support methods, and the settlement of joint debts.
Laws and Regulations
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.
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1. If you want to divorce quickly, both men and women can negotiate for divorce procedures, although it takes at least one month to negotiate divorce, but compared with suing for divorce, the time taken is shorter.
2. Legal basis: Civil Code
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 intention of both parties to divorce voluntarily and the opinions of the parties on matters such as child support, property and debt disposal.
Article 1077: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 before and 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.
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At present, the simplest and fastest way to divorce is still the voluntary agreement of both parties, that is, the parties to the divorce reach an agreement on the divorce matters, and after signing the divorce agreement, they jointly apply to the divorce registration machine for divorce registration.
In the city where there is no need to make an appointment for divorce, the divorced parties can bring their respective ID cards, marriage certificates, and household registration books to the divorce registration office, and they can receive the divorce certificate on the same day if it goes well.
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Unless the other party is at fault, there is a handle on you.
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Summary. Hello, at present, the easiest and fastest way to divorce is still the voluntary agreement of both parties, that is, the divorce parties reach an agreement on the divorce matters, and after signing the divorce agreement, they jointly apply to the divorce registration authority for divorce registration. In cities where there is no need to make an appointment for divorce, both parties to the divorce can bring their respective ID cards, marriage certificates, and household registration books to the divorce registry office, and they can receive the divorce certificate on the same day if it goes well.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China provides that if 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.
Hello, at present, the easiest and fastest way to divorce is still the voluntary agreement of both parties, that is, the divorce parties reach an agreement on the divorce matters, and after signing the divorce agreement, they jointly apply to the divorce registration agency for divorce registration. In cities where there is no need to make an appointment for divorce, the divorced parties can bring their respective ID cards, marriage certificates, and household registration books to the divorce registration office, and if it goes well, they can receive the divorce certificate on the same day. Legal basis:
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.
Sue for divorce, how long does it take to leave.
Within 180 days.
Okay, got it.
Is it okay if there is a screenshot of the transfer of the record of opening a house with another woman?
Pro: You said that as evidence, right, can be used as evidence, how long have you been apart, I have been at home with my children for seven years, he just went home for the New Year, and this year he came back three times when there was something at home. In the end, I found that he opened a room with the opposite sex in his mobile phone, and transferred more than 7,000 yuan. I also said that my first love is my favorite, and any woman can replace me as long as she is sincere.
Ay. So now my heart is dead, can the trumpet chat history be used as evidence?
Hello, no.
Fishing law enforcement cannot be used as evidence.
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