What are the procedures for divorce? What procedures do you need to go through for divorce?

1. Application. When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority where one of the parties is registered.

2. Review. The marriage registration authorities shall conduct strict examination of divorce applications in accordance with the law.

3. Approval. For those who meet the conditions for voluntary divorce as stipulated in the Marriage Law (repealed as of January 1, 2021), the registration authority shall approve the registration within one month from the date of acceptance of the application, issue a divorce certificate, and cancel the marriage certificate.

There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department.

In accordance with Article 31 of Chapter 4 of the Marriage Law of the People's Republic of China, where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

It must be a divorce agreement if you divorce by agreement, and then you have to apply to the Civil Affairs Bureau, and then you have to go through a 31-day cooling-off period to apply, if you go through the judicial process, you need to file a divorce lawsuit directly with the court, and then provide relevant evidence.

Property distribution agreement, who the children follow, prepare the household registration book, ID card, marriage certificate and go to the marriage registry office.

If you can divorce by agreement, you can go to the Civil Affairs Bureau and the divorce registry office for divorce. If the agreement cannot be reached, go to the court to sue for divorce and award the divorce through arbitration.

Write a divorce agreement, divide the property, and then write a divorce application to the Civil Affairs Bureau.

There are two types of divorce procedures, one is the voluntary agreement divorce procedure and the other is the litigation divorce procedure. In the case of divorce by voluntary agreement, the procedure is as follows:

1. The husband and wife voluntarily sign a written divorce agreement and jointly apply to the marriage registration authority with jurisdiction;

2. After the marriage registration authority accepts the application, it will issue the "Receipt of Acceptance of Divorce Registration Application";

3. The application has not been withdrawn within the 30-day cooling-off period;

4. 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.

If one of the parties to the divorce does not agree to the divorce during the divorce process, or if there is a dispute between the parties to the divorce over the custody of the children and the division of property, the divorce should be carried out through the litigation process. The procedure for divorce by litigation is as follows:

1. One party sues for divorce and submits the divorce complaint and evidence to the court;

2. The court accepts the case;

3. The court will serve the case materials on the defendant and notify both parties;

4. The court hears divorce cases;

5. The court makes a judgment.

If, after the proceedings, the court decides that the parties will not be granted a divorce, usually because the plaintiff does not have sufficient evidence to prove that the relationship has broken down, the plaintiff can sue for divorce again six months after the first judgment 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 office.

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.

Prepare divorce documents. 2.Preparation of divorce-related documents.

3.The husband and wife must go to the civil affairs bureau of the area where the person's permanent residence address is located to go through the divorce formalities. 4.

The personnel of the Civil Affairs Bureau reviewed the materials and took back the marriage certificate, and issued a divorce certificate to the parties. 2. Procedures for handling divorce by litigation: 1

Filing a lawsuit. 2.Heard by the courts.

3.Verdict. The procedure for divorce by mutual agreement is that after the divorced parties have divided the property and child custody, they sign the "divorce agreement", and then bring the "divorce agreement" to the civil affairs bureau to apply for divorce. According to Article 1076 of the Civil Code of the People's Republic of China, if 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 first is to sue for divorce, and the second is voluntary.

Dear, do you still have questions?

Legal analysis: Different divorce methods have different procedures to be handled. Clause.

1. Divorce by mutual agreement. 1. The two parties negotiate first and reach a certain consensus on child custody and property distribution. 2. Fill out the divorce agreement, prepare the marriage certificate, ID card, household registration book, etc., and apply for divorce registration at the marriage registration authority where one party's household registration is located.

3. Accept the examination of the marriage registration authority. 4. If a consensus is reached on issues such as custody and property distribution, the marriage registration authority will register it on the spot, read out the divorce declaration, and let both parties receive the divorce certificate. Clause.

2. Hire a professional lawyer to file a lawsuit application with the people's court; 3. Trial by the people's court: When the court receives the application for divorce submitted by the plaintiff, it will conduct a review; Then the case is filed. After the case is filed, the court will first mediate between the parties, and if the mediation fails, it will be heard.

Legal basis: Marriage Registration Regulations

Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for 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.

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.