Divorce formalities and procedures

The procedures and procedures for divorce are as follows:

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 certificate of household registration, a certificate of resident status, 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 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 have a comprehensive understanding of the content of the agreement, paying particular attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance to one of the spouses in their daily 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; Where 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 the parties receive 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.

There are two ways to get a divorce: divorce by mutual agreement and divorce by litigation.

The whole process of divorce by mutual agreement:

1. The husband and wife jointly and personally submit an application for divorce registration.

Materials that both husband and wife should bring: 1. The original ID cards and household registration books of both parties; 2. Original marriage certificate; 3. Divorce agreement; 4. The recent bareheaded ** (2 inches) of both parties

2. Preliminary examination. 1. Whether the marriage registration authority has jurisdiction; 2. Whether the materials provided by the parties are complete and valid; 3. Whether the divorce agreement is voluntary, and whether it is agreed on matters such as child support, property and debt disposal; 4. Whether both parties are persons with full capacity for civil conduct; 5. Whether the marriage registration of both parties was handled in Chinese mainland.

3. Acceptance. 1. Inquire about the parties' willingness to divorce and the content of the divorce agreement; 2. Both parties fill in the Declaration of Application for Divorce Registration and sign it; 3. Both parties sign the divorce agreement in person.

4. Review. The marriage registrar shall examine the documents submitted by the parties, the Declaration of Application for Divorce Registration, and the divorce agreement.

5. Receipt of materials.

6. 30-day cooling-off period for divorce.

An application for divorce registration can be withdrawn at any time during the cooling-off period.

7. Within 30 days of the expiration of the cooling-off period for divorce, both parties shall apply for a divorce certificate in person at the marriage registration authority.

If the parties fail to apply for a divorce certificate at the marriage registration authority within 30 days after the expiration of the cooling-off period for divorce, it shall be deemed that both parties have withdrawn the application for divorce registration, and the marriage relationship shall not be dissolved.

8. Registration and issuance of a divorce certificate.

The whole process of litigation divorce:

1. Go to the case filing hall of the court where the defendant is located or file the case online.

Materials required when filing a case:

The indictment, the ID cards of both the original defendant and the defendant, the marriage certificate, and other evidence.

2. Mediation and filing before litigation first, and arrange mediators and mediation time.

3. If the mediation fails, the case filing court will issue a notice of case filing, and you will pay the litigation fee (50-300 yuan) with the notice of case filing. The court formally accepted the case.

4. After the case filing division of the court accepts the case, it will transfer the case to the civil division, which will conduct the trial.

5. After the civil division accepts the case, it issues a summons to the other party, requiring it to appear in court at a certain time to respond to the lawsuit. At the same time, the court will also notify you to appear in court.

6. After both parties appear in court, the court will mediate.

7. If the mediation fails, the court shall make a judgment to grant or not to grant divorce through the trial.

Note: Mediation in divorce cases continues throughout the litigation process.

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.

Legal analysis: If the husband and wife divorce by agreement, they shall sign a divorce agreement and negotiate the handling of child support, property, and debts. If both parties do not repent, they can apply to the marriage registration authority for the issuance of a divorce certificate after 30 days, and if the marriage registration authority meets the conditions for divorce after examination, the divorce will be granted and a divorce certificate will be issued.

If the husband and wife divorce through litigation, the people's court shall be forced to file a divorce lawsuit, and if the divorce is granted after trial by the court, a divorce judgment will be made, and the marriage relationship shall be dissolved if the divorce judgment or mediation document takes effect.

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 1077:Within 30 days of 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:Where the marriage registration authorities ascertain 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.

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 1080:Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.

Summary. Divorce by mutual agreement:

1. Prepare relevant documents: household registration book, ID card (original and copy), marriage certificate (original and copy) For foreigners, Hong Kong, Macao and Taiwan compatriots who apply for divorce by agreement in China, they need to provide the following documents: their valid passport or valid identity documents from Hong Kong, Macao and Taiwan, and Hong Kong, Macao and Taiwan compatriots also need to provide valid travel documents such as mainland travel permits or home return permits;

2. Prepare relevant materials: two two-inch single recent half-length bareheaded ** divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that both parties are willing to divorce, and both parties have reached an agreement on child support, property division and other issues, otherwise the divorce agreement is invalid;

3. The husband and wife shall go through the divorce formalities in person at the Civil Affairs Bureau where one of the parties has permanent residence;

4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.

Divorce formalities and procedures

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Procedures for divorce by agreement: 1. Prepare relevant documents: household registration book, ID card (original and copy), marriage certificate (original and copy) Foreigners, Hong Kong, Macao and Taiwan compatriots need to provide the following documents for divorce by agreement in China:

My valid passport or valid identity document from Hong Kong, Macau, Taiwan, Hong Kong, Macao and Taiwan including compatriots with defects also need to provide valid travel documents such as Mainland Travel Permit or Home Return Permit; 2. Prepare relevant materials: two two-inch single recent half-length bareheaded ** divorce agreement signed by both parties (no signature, in triplicate), in the divorce agreement, it must be clearly stated that the two parties are voluntarily divorced, and the two parties have reached a consensus on child support, property division and other issues, otherwise the divorce agreement is invalid; 3. The husband and wife shall go through the divorce formalities in person at the Civil Affairs Bureau where one of the parties has permanent residence; 4. After verifying the facts, the staff of the Civil Affairs Bureau will withdraw the marriage certificate and issue a divorce certificate.

In this case, the divorce fee is less than 100 yuan.

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