How long does it take for divorce procedures to be completed in 2021

Hello, since the Civil Code comes into effect, if you go through the divorce registration procedures by mutual divorce, you need to go through a divorce cooling-off period, and after the divorce cooling-off period has passed, both parties will jointly apply for a divorce certificate at the marriage registration authority, and the marriage registration authority will issue a divorce certificate after the review is correct.

The first 30 days is the same period, that is, the marriage registration authority will not handle the divorce registration procedures within 30 days after the date of receipt of the divorce registration application, during which either party can withdraw the divorce registration application, that is, the real divorce cooling-off period. The second 30 days is a variable period, that is, within 30 days after the expiration of the 30-day cooling-off period for divorce, if the husband and wife apply for a divorce certificate in person at the marriage registration authority, the marriage registration authority shall issue a divorce certificate after examining that the conditions for divorce registration are met; If both the man and the woman do not apply for divorce during this period, the application for divorce registration shall be deemed to have been withdrawn, and the marriage registration authority shall not handle the divorce registration for them on the basis of the initial application of both parties.

It should be noted that the provisions of the above two time limits make it clear that if a man and a woman want to register for divorce, they need to go through a 30-day divorce cooling-off period after submitting the divorce registration application, and within 30 days after the expiration of the divorce cooling-off period, both men and women need to apply for a divorce certificate in person at the marriage registration authority. If either party fails to appear at the scene to apply for confirmation, it will be deemed that both parties have not reached an agreement, and the administrative procedure for divorce by agreement will not apply.

[Legal basis].

Article 1076 of the Civil Code: 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: 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 after the expiration of the period 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.

Article 1078 of the Civil Code: Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.

If the divorce procedure is divorced by mutual agreement, then it can be completed in one month, but if the divorce is divorced by litigation, the procedure will be much longer.

Answer: (1) Application. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly submit an application to the marriage registration authority with jurisdiction with valid certificates and supporting materials, and fill out the "Application for Divorce Registration" at the marriage registration authority on the spot.

2) Acceptance. The marriage registration authority shall conduct a preliminary examination of the documents and supporting materials submitted by the parties, and after the preliminary examination is correct, issue a "Receipt of Acceptance of Divorce Registration Application". Where the requirements for applying for divorce registration are not met, it will not be accepted.

Where a party requests the issuance of a "Notice of Inadmissibility of an Application for Divorce Registration", it shall be issued.

3) Cooling-off period. Within 30 days from the date on which the parties to the divorce registration receive the Receipt of Acceptance of the Application for Divorce Registration (the period shall be calculated from the day after the date on which the marriage registration authority receives the application for divorce registration, and the last day of the period is a statutory holiday, the day after the end of the statutory holiday shall be the last day of the period), if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority that accepts the application for divorce registration with his or her valid identity documents and other materials, and fill in the Application for Withdrawal of Divorce Registration in person. After verification by the marriage registration authority, a "Confirmation Form for Withdrawal of Application for Divorce Registration" will be issued.

If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, the application for divorce registration shall be deemed to have been withdrawn.

4) Review. Within 30 days after the expiration of the cooling-off period for divorce (the period is calculated from the day after the expiration of the cooling-off period, and the last day of the period is a statutory holiday, the day after the end of the statutory holiday day shall be the last day of the period), both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the prescribed valid certificates and supporting materials. The marriage registration authorities shall review the true wishes of the parties, their documents and supporting materials, and the divorce agreement in accordance with relevant provisions.

Those who do not meet the requirements for divorce registration will not be handled. Where a party requests the issuance of a "Notice of Refusal to Handle Divorce Registration", it shall be issued.

5) Registration (issuance). The marriage registration authority shall register and issue a divorce certificate in accordance with the provisions of relevant laws and regulations.

If you sue for divorce, you will generally not be divorced in the first instance, and after half a year of the first-instance judgment, you will be sentenced to divorce in about two or three months from the prosecution to the conclusion of the case! If you divorce by mutual agreement, you can go through the divorce procedure at that time.

The cooling-off period for divorce is 30 days, during which any person can revoke his or her repentance. After the 30-day cooling-off period, go to the Civil Affairs Bureau to obtain the marriage certificate within 30 days, and both parties must be present, and neither of them can get the divorce certificate if they regret it. The minimum is 31 days, the maximum is 60 days, and holidays are postponed, during which either party withdraws the divorce application to the Civil Affairs Bureau, and the time for filing the divorce application again must be counted anew.

If two people are divorced by mutual agreement. Then the divorce formalities can be obtained on the same day. If it passes the court decision, then it will take a little longer.

From January 1, 2021, China's divorce registration procedures have been revised from "preliminary examination-acceptance-examination-registration (issuance)" to "application-acceptance-cooling-off period-review-registration (issuance)". The specific procedures are as follows:

1. Application. If the husband and wife divorce voluntarily, they shall sign a written divorce agreement, jointly apply to the marriage registration authority with jurisdiction, and provide relevant documents and supporting materials;

2) Acceptance. In accordance with the relevant provisions of the "Marriage Registration Work Specifications", the marriage registration authorities shall conduct a preliminary examination of the above-mentioned materials submitted by the parties. After the marriage registration authority has made a preliminary examination of the documents and supporting materials submitted by the parties, it shall issue a receipt of acceptance. Where the requirements for applying for divorce registration are not met, it will not be accepted.

3) Cooling-off period.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration and issues the receipt of acceptance to the parties, if either party is unwilling to divorce, he or she may apply for revocation. If both parties fail to jointly apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the divorce cooling-off period, the application for divorce registration shall be deemed to have been withdrawn;

4) Review. Within 30 days after the expiration of the cooling-off period for divorce, both parties shall jointly apply to the marriage registration authority for the issuance of a divorce certificate with the documents and materials specified in Article 55 (4) to (7) of the Marriage Registration Work Specifications. The marriage registration authorities shall conduct a review and refuse to handle those that do not meet the requirements for divorce registration;

5) Registration (issuance).

In accordance with the provisions of Articles 58 to 60 of the Marriage Registration Work Specifications, the marriage registration authorities shall register and issue divorce certificates.

2. What are the documents required for divorce procedures?

1. Bring your household registration booklet, ID card, marriage certificate, and divorce agreement signed by both parties, and jointly apply for divorce registration at the marriage registration authority where one of the parties has permanent residence, and after a 30-day cooling-off period, if it is determined that you want to divorce, go to the marriage registration again for divorce registration.

2. If the application is not made, it shall be deemed to have withdrawn the application for divorce registration. If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

Divorce procedures. If the two of you are divorced by agreement, go directly to the Civil Affairs Bureau to get the marriage certificate, and take the initiative to explain the situation to handle the divorce, and you can come out soon.

If two people agree to go directly to the civil affairs department, they can go to the court to sue for divorce.

Hello, if two people divorce by agreement, according to the law, both men and women should jointly go to the marriage registration authority where one of the parties has a permanent residence to register the divorce. In addition, on May 31, 2021, the General Office of the Ministry of Civil Affairs launched a pilot project for cross-provincial marriage registration, and implemented marriage registration and divorce registration in different places in the pilot area. However, only in Liaoning Province, Shandong Province, Guangdong Province, Chongqing Municipality, and Sichuan Province, marriage and divorce registration can be processed, and the pilot period is 2 years, from June 1, 2021 to May 31, 2023.

So it's only a pilot job at the moment. Therefore, if your hometown and place of residence are the same as those in the above-mentioned provinces and cities, you can directly apply for a divorce by mutual agreement.

If the two parties are divorced by litigation, the relationship can be made by the people's court of the defendant's habitual residence. The place of habitual residence can be proved by the residence permit or the residence certificate issued by the neighborhood committee, and if it is a residence certificate issued by the property management company, the rental contract must also be provided.

If both people are not willing to return to their hometowns to get married, then they can sue for divorce in the court of their current habitual residence.

[Legal basis].

Article 10 of the Regulations on Marriage Registration Where 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. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China》 Article 12: In cases where one of the husband and wife has been away from their domicile for more than one year, and the other party files for divorce, the people's court for the plaintiff's domicile may have jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.

As long as both parties agree, divide the property, negotiate the custody of the child, bring the ID card, marriage certificate, and both parties go to the marriage office of the Civil Affairs Bureau to handle it directly, if one party does not agree to the divorce, they must go to the court to sue for divorce.

If it is a divorce by agreement, both the man and the woman can go to the marriage registration office of the Civil Affairs Bureau with their ID cards, household registration booklets, marriage certificates, and divorce agreements to apply for divorce.

Divorce Procedures 2021? Answer: There are two ways to go through the divorce procedures, one is that both parties agree to divorce by agreement, and they can apply to the marriage registration authority first, and then go through the divorce procedures after the one-month cooling-off period; The other is that one party agrees and the other party does not agree, and the consenting party can file a lawsuit with the local court, and the court will decide whether to divorce or not.

Negotiation between the two parties - drafting the divorce agreement - signing - going to the Civil Affairs Bureau with the documents to handle the divorce.

If you can't get by, take your respective ID cards, marriage certificates, and household registration books to the Civil Affairs Bureau directly.

If the relationship between two people is not harmonious and the family cannot be maintained, then they will sue together to go to the court for divorce.

To go through the divorce procedures, you need to provide your ID card, household registration booklet, and marriage certificate.

The divorce agreement should be written in triplicate, and an appointment should be made at the marriage registration office in the place where one party is registered to go through the divorce formalities.

Wait 30 days before you can get the divorce certificate.

After the implementation of the Civil Code in 2021, the new rules on divorce have added a cooling-off period, that is, within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the divorce application to the marriage registration authority.

According to Article 1077 of the Civil Code of the People's Republic of China, if either party is unwilling to divorce within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, the application for divorce registration may be withdrawn from the marriage registration authority. Within 30 days after the expiration of the period 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, the chain is deemed to have withdrawn the application for divorce registration.