Where to go through the divorce procedures

If the two parties can agree on a divorce through negotiation, both parties need to bring their ID cards, household registration booklets, marriage certificates and other documents to the marriage registration office of one party's household registration to submit an application for divorce registration, and within 30 days after the expiration of 30 days, both parties will bring the above documents and the divorce agreement to the marriage registration office to go through the divorce registration procedures. If one party does not agree to the divorce after submitting the formalities, the divorce application can be revoked within 30 days after the application is submitted; It is also possible to not show up for the divorce formalities after 30 days, which will be regarded as the withdrawal of the divorce application.

If the parties cannot agree to divorce, either party can file a divorce lawsuit to dissolve the marriage through litigation.

If the spouses are unable to agree on a divorce, they can only dissolve the marriage by suing for divorce.

For divorce proceedings, it is necessary to prepare the divorce complaint, ID card, marriage certificate, child's birth certificate, other documents of residence of the other party, and submit the divorce litigation materials to the court of the other party's place of residence.

After being assigned to a judge, you can contact the judge to learn about issues such as the time of the case.

In view of the fact that divorce proceedings involve legal provisions and litigation procedures related to marriage, it is recommended to consult or entrust a professional lawyer to help, make relevant preparations before filing a lawsuit, sort out the relevant evidence in the litigation, state your own claims and reasons in an orderly manner, and respond to the evidence submitted by the other party and the questions raised. If there is a possibility of mediating the divorce, you can negotiate with the other party to reach a divorce mediation opinion.

legal analysis; Where both husband and wife divorce voluntarily, the following documents and supporting materials shall be presented: (1) their household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. A written divorce agreement shall be signed and the divorce registration shall be applied for in person at the marriage registration office.

Legal basis: Civil Code of the People's Republic of China

Article 1076.

If the husband and wife voluntarily divorce, 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.

Omitted Registration of Marriages Ordinance

Article 10. 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 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.

Article 11. Mainland residents who have registered for divorce shall present the following documents and supporting materials: (1) their household registration booklet and identity 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.

Legal analysis: If both parties agree to divorce from Fuxin Sakura, they should go through the divorce formalities with the marriage registration authority where one party's household registration is located with their household registration booklet, ID card, marriage certificate, and divorce agreement.

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' intention to divorce voluntarily and the opinions they have reached consensus on matters such as child support, property, and debt disposition.

In the case of voluntary divorce, both the man and the woman shall jointly go to the marriage registration authority for the place where one of the parties has 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. If the divorce is filed by litigation, a lawsuit shall be filed with the people's court at the place where the defendant is domiciled.

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 permanent residence of the mainland resident is located.

Civil Procedure Law of the People's Republic of China》 Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with his habitual residence, the people's court for his habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same lawsuit is in the jurisdiction of two or more people's courts, each of them has jurisdiction.

The divorce shall be handled at the registration office where the parties have registered their marriage.

There are two types of divorce procedures, as follows:

1. After both parties voluntarily divorce and reach a common expression of intent, the husband and wife can bring their ID cards, household registration books, marriage certificates and other important documents and written materials such as divorce agreements to the local civil affairs bureau for divorce registration;

2. If one party does not agree to the divorce and the other party who requests the divorce may file a lawsuit for divorce with the court, the court shall confirm the breakdown of the relationship between the husband and wife based on the relevant evidence provided by the parties, and after solving the problems of child support, the divorce shall be granted, and the marriage relationship between the two parties shall be naturally dissolved after the divorce judgment takes effect, and there is no need to go to the Civil Affairs Bureau to go through the divorce procedures.

The division of property in a divorce is as follows:

1. When dividing the common property, both parties shall have equal rights to divide the common property equally;

2. Adhere to the principle of taking care of the interests of children and women;

3. The principle of taking care of the innocent party, the innocent party has the right to claim damages. But if you are at fault, it doesn't mean that you will leave the house;

4. The principle of fairness: the economic interests of the husband and wife should be buried in the world at the time of divorce;

5. Respect the wishes of the parties, and the property agreement precedes the legal principle of liquid dissipation.

Laws and Regulations

Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

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.

Legal analysis: If both a man and a woman agree to divorce by agreement, the two of them can go through the divorce formalities at the marriage registration office of the Civil Affairs Bureau where one party's household registration is located with their household registration booklet, ID card, marriage certificate and divorce agreement. If one of the parties does not agree to divorce or fails to reach an agreement, the other party may file a lawsuit for divorce in the people's court.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China 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 falsely state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Both parties agree to divorce by agreement, and go through the divorce formalities at the marriage registration office of the local civil affairs bureau with the household registration book, ID card, certificate and divorce agreement.

Legal basis: Article 1076 of the "Civil Code of the People's Republic of China" provides that if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person.

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 disposition.

Legal analysis: Go to the local Civil Affairs Bureau's Marriage Dengwu Tanxiao Office to go through the divorce procedures, and bring the household registration booklets, ID cards, limbs, divorce agreements and other supporting materials of the two people.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

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 reached on matters such as child support, property, and debt handling.