How do I go through the divorce procedures? What are the procedures?

Divorce procedures can be handled directly at the local civil affairs bureau. All necessary formalities are to entrust a lawyer to write a complaint and go to the district or county court where the residence is located to go through the formalities of filing the case. When filing a case, these materials should be submitted: (1) 2 copies of the civil complaint, (2) marriage certificate, (3) at least bring your own ID card (preferably both husband and wife), (4) the child's household registration book or original birth certificate, (5) relevant evidence to prove the property status, such as real estate certificate, car purchase contract, (6) evidence to prove the breakdown of the relationship between the husband and wife, etc.

In the case of divorce by agreement, both husband and wife shall go to the civil affairs bureau where one party has permanent residence to register the divorce, and submit their household registration booklet, ID card, marriage certificate, and divorce agreement signed by both parties. After the Civil Affairs Bureau reviews and confirms the relevant materials, the divorce certificate is generally issued on the spot. If it is a litigation divorce, you can prepare the case filing materials, file a lawsuit in the court, and the court case filing division will review it, and if it meets the requirements for filing the case, it will generally be filed on the spot; After the case is filed, the court will hear the case and make a judgment on whether to grant the divorce during the trial.

If you want to apply for a divorce, you can go directly to the marriage registration office to handle it, and you only need to bring your ID card, marriage certificate, and household registration book. If you want to do it, it's very easy and the procedure is very simple. However, if the two people need to sign a divorce agreement together, and they must also agree on the same opinion, they must also sign a property division agreement, and if the divorce negotiation is unsuccessful, they can file a lawsuit for divorce with the judge.

The divorce procedure is very easy to handle, you only need to take the ID cards of both parties, household registration book and marriage certificate, and you can go to the marriage registration office. When you do it, the handler will ask you whether the division of your property is clear, and will also ask who the child is with, or whether there is a chance of recovery, such a question, after that, you can directly fill in the divorce application form, and after the application is passed, you can get a divorce.

When handling it, you need to provide the ID cards, household registration books and marriage certificates of two people, and go to the local civil affairs bureau to handle it.

Generally, you can go directly to the Civil Affairs Bureau with your ID card, marriage certificate, and household registration book, and there is a divorce department, so you can fill in some lists for him directly.

Divorce procedures should go to the Civil Affairs Bureau, and both of them need to go, at this time you need to bring your ID card and marriage certificate to handle it together, and both parties must be present, so you can go through the divorce procedures quickly.

To go through the divorce procedures, you must prepare your household registration book and ID card; Marriage certificate of the applicant; A divorce agreement signed by both parties; Each party submits two 1-inch single recent frontal half-body barehead**.

Where a man and a woman who have not registered their marriage in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit with the court for divorce, they shall be treated differently in two situations.

Before the implementation of the Regulations on the Administration of Marriage Registration on 1 February 1994, if a man and a woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage. After the implementation of the "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to apply for marriage registration before accepting the case; Where the marriage registration is not completed, it is to be handled as an illegal cohabitation relationship.

1. 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).

2. 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 claims of the husband and wife and how to deal with the debts; The joint property of the husband and wife shall be changed after marriage or disposed of prudently.

3. How to handle the divorce procedures for divorce by 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.

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 will review the materials and take back the marriage certificate. and issue a divorce certificate to the parties.

V. Procedures for Divorce by Litigation:

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.

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.

Under normal circumstances, 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 mediate between 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.

4. Characteristics of the two methods of divorce.

1) Divorce by mutual agreement.

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 rate of voluntary compliance and fulfillment is high.

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

2) Divorce by litigation.

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.

The new legal provisions for divorce are as follows:

The following documents are required to apply for divorce:

1. ID cards and household registration books of both parties;

2. Divorce agreement;

3. Marriage certificate;

4. The party's single person has recently been half-bareheaded**.

Divorce process: 1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**.

When applying, each party shall present a household registration certificate, a resident identity certificate, a letter of introduction issued by the unit, village, or residents' committee, a divorce agreement, a marriage certificate, etc., so that the registration management authority can ascertain the identity of the parties and determine the jurisdiction;

2. Review. After accepting the parties' application for divorce registration, the marriage registration authority shall conduct a review within one month, and in the course of the review, shall fully understand the content of the agreement, especially paying attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance for one of the spouses' living difficulties, division of property, and debt handling are appropriate;

3. Registration. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; If the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time when the person in charge of the divorce receives the divorce certificate. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court;

4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration management organ shall revoke the divorce registration, declare the dissolution of marriage null and void to the divorced party and withdraw the divorce certificate, and if the party believes that it meets the requirements for divorce, it may apply for administrative reconsideration in accordance with law, and if it is not satisfied with the reconsideration decision, it may file an administrative lawsuit in accordance with law.

Legal basisArticle 55 of the Norms for Marriage Registration.

The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) Each of the parties submits 2 2-inch single recent half-body blind barehead**;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

There are two types of divorce procedures for husband and wife:

1. Divorce by agreement, sign a written divorce agreement, and apply for divorce registration at the marriage registration authority in person;

2. If a lawsuit is filed with the people's court for divorce and the divorce is granted, the judgment shall take effect and the marriage relationship shall be dissolved.

Legal basis

According to Article 1076 of the Civil Code of the People's Republic of China, which came into effect in 2021.

Where 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 consensus on matters such as child support, property, and debt handling.

The above is only to inform the current information and make it based on my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you sort out the information of the car and communicate with a professional in detail.

What documents and materials are required for divorce procedures:

1. My household registration booklet and ID card;

2. Marriage certificate;

3. The divorce agreement signed by both parties (should include child support, property division, debt disposal, etc.).

Legal basisArticle 11 of the Regulations on Marriage Registration and Transportation.

Mainland residents who apply for divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passports and identity cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.