What are the legal ways to dissolve a marriage?

There are two legal ways to dissolve a marriage in accordance with the Marriage Law:

1.Divorce by agreement: If both parties agree to divorce, sign a divorce agreement, and in accordance with the requirements stipulated in the Marriage Registration Regulations, both parties shall go through the divorce formalities at the marriage registration authority where either party's household registration is located.

You need to bring your ID card, household registration booklet, agreement, marriage certificate and other materials.

2.Sue for divorce: If one party requests a divorce and the other party does not agree, he or she needs to file a lawsuit with the court where the other party's household registration is located and ask the court to grant a divorce. A written complaint is required to provide evidence to the court that can prove the breakdown of the relationship.

There are two ways to dissolve a marriage that has been confirmed by legal registration:

Litigation: Article 32 of the Marriage Law provides that if a man or a woman requests a divorce, the relevant department 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.

Divorce by agreement: Article 31 of the Marriage Law stipulates that divorce shall be granted if both the man and the woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office. It shall be issued when the marriage registration authority ascertains that the parties are indeed willing and that the issue of children and property has been properly dealt with.

If a marriage relationship confirmed by legal registration is to dissolve the relationship, there are only two ways: divorce by litigation and divorce by agreement.

1. Divorce by litigation. If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. 2. Divorce by agreement. If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

Legal basis

Article 1079 of the Civil Code provides that 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. Where a court hears a divorce case, mediation shall be conducted; 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 a divorce lawsuit, 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.

According to the relevant laws and regulations of China's Civil Code, there are two main ways of divorce, one is to apply for divorce registration at the marriage registration authority by agreement, and the other is to file for divorce in the people's court with jurisdiction.

Article 1076 of the Civil Code.

Where 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 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 of the Civil Code.

Where one of the spouses requests a divorce, the relevant organizations 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, laughing, and taking drugs;

(4) They have been 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 a divorce lawsuit, 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.

There are two legal ways to dissolve the marriage relationship: 1. Divorce by litigation; 2. Divorce by agreement. Article 32 of the Marriage Law If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.

Article 31 of the Marriage Law stipulates that if a man and a woman divorce voluntarily, the 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.