What are the specific steps for an elderly person to get a divorce

The specific steps of divorce for the elderly are the same as for ordinary people.

1. If the elderly choose to divorce by agreement, both men and women need to bring their household registration booklets, ID cards, marriage certificates, divorce agreements and other materials to the marriage registration authority where one of the parties has permanent residence to go through the divorce registration.

2. If the elderly choose to file for divorce, the plaintiff needs to bring the household registration booklet, ID card, marriage certificate and complaint to the people's court where the defendant is located to file a divorce lawsuit, and the court will make a judgment on whether the relationship between the husband and wife has broken down and make a judgment on whether to grant divorce.

Legal basis] Article 32 of the Marriage Law stipulates that if a man and a woman request a divorce, the relevant departments may mediate 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 person with a spouse;

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;

4) 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.

There are no special provisions in the law for divorce procedures for the elderly.

Here is a brief introduction to the mediation process and the precautions for mediation for the elderly:

The first is to analyze the reasons for the divorce of the elderly, and to guide both parties to understand each other, and mediation should not only be handled in accordance with the law, but also take into account the practical problems faced after the divorce, such as pension, and properly deal with them.

According to the normal mediation procedure, the first thing to consider is whether the relationship between the husband and wife of the elderly has completely broken down, what is the cause of the conflict, and whether it has reached the point where it is no longer possible to continue living together.

Secondly, on the issue of property division, if there is an agreement, it should be divided according to the agreement, and if there is no agreement, a reasonable division should be made according to the nature of the property and the living conditions of the elderly.

Finally, there is the issue of the residence of the elderly after divorce, if they each have a house before marriage and have the conditions to live back to their pre-marital residence, they shall each return to their place of residence; If one or both parties did not have a house before marriage, and did not obtain a house after marriage, they should do a good job with their children to prevent the elderly from having a fixed home.

It should be reminded that in addition to the amount of property division in the handling of divorce cases, attention should also be paid to the method of evidence collection and the possibility of enforcement.

Each divorce case has different characteristics, and it is recommended to hire a professional matrimonial and family lawyer to intervene in the case to better avoid risks.

Legal analysis: The procedures required for divorce for the elderly are: 1. In the case of divorce by agreement, the procedures include the permanent residence booklet and resident ID card, marriage certificate, and divorce agreement of both parties.

2. In the case of divorce by litigation, the formalities include the ID card of the person, a copy of the ID card of the other party, the marriage certificate, and the complaint.

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.

Article 1085 After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.