What is the procedure to go through for divorce now

If the marital relationship between husband and wife breaks down irretrievably, there are two ways to divorce, divorce by agreement, or go through legal procedures to sue for divorce.

1. Divorce by agreement: The husband and wife reach an agreement through negotiation, and both parties go directly to the civil affairs bureau where the household registration is located to go through the divorce procedures.

2. Sue for divorce: If the husband and wife cannot reach an agreement through negotiation, they can only go through legal procedures to sue for divorce, and if they sue for divorce, under normal circumstances, the court of first instance will not grant a divorce, and only after the six-month cooling-off period has passed, they will sue for divorce again, and the court of second instance will normally grant a divorce.

Hope the reply given to you can help you.

At present, there are two ways to divorce, the first is divorce by agreement with the Civil Affairs Bureau, that is, both husband and wife go to the Civil Affairs Bureau to handle the divorce agreement, and then register the divorce. According to the provisions of the Civil Code, there is a 30-day cooling-off period for divorce.

The second way is litigation divorce, that is, one party is the plaintiff and the other party is the defendant, and the divorce is obtained through litigation.

The methods are all prescribed by law, the effect is the same, and the final result is that the purpose of divorce can be achieved.

Now there are two ways to divorce, one is to go to the Civil Affairs Bureau to agree on divorce, the two parties reach a divorce agreement to the Civil Affairs Bureau to handle, after a 30-day cooling-off period, they go to the Civil Affairs Bureau to get a divorce certificate, and the other is to go to the court to file for divorce

Hello, if it is a divorce by agreement, both parties will go to the marriage registration office to register the divorce after signing a written divorce agreement;

In the case of divorce by litigation, a lawsuit is filed directly with the people's court, and the judgment grants the divorce, the judgment takes effect and the marriage relationship is dissolved.

If both parties reach a consensus without objection, they can agree to divorce. If both parties have objections to property or maintenance, they can file for divorce.

You can go to the Civil Affairs Bureau to agree on a divorce, or you can go to the court to file for divorce.

There are two ways to divorce: one is divorce by agreement; The second is to sue for divorce. If the husband and wife reach an agreement, they can go to the marriage registration office to divorce by agreement, which is the most economical and convenient way.

The two of them only need to bring their household registration booklet, ID card, marriage certificate, divorce agreement, personal two-inch barehead** and other materials.

Legal basis: Article 1079 of the Civil Code is a provision on divorce by litigation, as follows:

If one of the husband and wife requests a divorce, the relevant organization 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 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 abuse;

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 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 clan early 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.

Legal Analysis:1If both parties divorce voluntarily, sign a written divorce agreement, and then apply for divorce and go through the registration formalities with their household registration booklets, ID cards, marriage certificates, and divorce agreements signed by both parties.

If the marriage registration authority does not withdraw the application for divorce registration to the marriage registration authority within 30 days of receiving the application for divorce registration, both parties shall apply for a divorce certificate in person at the marriage registration authority, and upon 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 handling, they shall register and issue a divorce certificate.

2.If one party sues for divorce to the court, it shall submit a complaint to the people's court, and the people's court shall file the case within seven days if it meets the requirements for filing a lawsuit, and notify the person concerned to send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within 15 days from the date of receipt of the complaint, and submit relevant evidence to wait for trial. If the relationship has indeed broken down and mediation is ineffective, the court shall grant the divorce and issue a divorce judgment or mediation document.

Legal basis: Articles 1076-1080 of the Civil Code of the People's Republic of China.

Marriage Registration Ordinance

Article 11 Mainland residents who go through 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 passes and identity cards, and overseas Chinese and foreigners shall also present their own 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.

Article 17: Where a marriage certificate or divorce certificate is lost or damaged, the parties may apply to the original marriage registration authority or the marriage registration authority for the place where one of the parties has permanent residence with their household registration booklet or ID card for a replacement. Where the marriage registration organs verify the marriage registration files of the parties and confirm that they are true, they shall reissue the marriage certificate or divorce certificate to the parties.

Articles 120-125 of the Civil Procedure Law of the People's Republic of China.