What procedures are required for divorce What procedures are required for divorce

If there is no property and children are entangled in the divorce by agreement, the procedure is as follows:

1. Go to the Civil Affairs Bureau to make an appointment for a good day (as long as either party can) 2. Go home and type a divorce agreement (the Civil Affairs Bureau will give you a general content to write when making an appointment) 3. Bring the household registration books of both parties, marriage certificates, and a separate ** (I forgot whether it is one inch smaller or one inch larger, and someone will inform you when making an appointment).

The general procedure is as follows, after signing, each has a divorce certificate, and then it is completed.

Don't get a divorce unless you have to.

Legal Analysis: Procedures: 1. Preparation of divorce agreement.

Both men and women must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts. 2. Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials.

3. Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the "30-day cooling-off period".

4. Review and issuance of certificates. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

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 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: (1) Administrative Procedures. That is, the procedure of voluntary divorce in which both parties are separated in early turn.

A man and a woman who voluntarily divorce must apply for divorce in person at the registration authority where one of the parties is registered. The marriage registration authority shall approve or disapprove the registration in accordance with the law after ascertaining whether the parties are indeed willing and whether the children and property and the problems of life after divorce have been properly handled. When registration is granted, the marriage certificate shall be withdrawn and a divorce certificate shall be issued.

2) Litigation Procedures. That is, the procedure in which one party requests a divorce. The party requesting a divorce may file a divorce lawsuit with the people's court where the defendant is located.

After the people's court accepts the divorce case, it shall first conduct mediation, and if the mediation is successful, it shall be handled as a withdrawal of the lawsuit, and if a divorce agreement is reached after mediation, a mediation document shall be drafted and the divorce shall be agreed upon; If mediation fails, the people's court shall make a judgment in accordance with the law to grant or disapprove the divorce.

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 intention of both parties to divorce voluntarily and the opinions of the Lu family on matters such as child support, property and debt disposal.

Article 1077 Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, 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.

If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is registered. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.

When the parties apply for divorce registration, they shall provide the following documents and proofs to the marriage registration management organs:

1. Proof of household registration of both parties;

2. Resident ID cards of both parties;

3. A letter of introduction issued by the unit or village (resident) committee;

4. Marriage certificate or certificate of relationship between husband and wife;

5. A recent one-inch bareheaded photo of the party;

6. Divorce agreement. The agreement shall clearly state the parties' intention to divorce, and indicate that where appropriate arrangements have been made for child support and education, economic assistance for one of the spouses in difficulty, property, debts, and so forth, the content of the agreement shall be conducive to protecting the lawful rights and interests of women and minor children.

7. The marriage registration authority shall examine the divorce application of the parties, issue a divorce certificate within one month if the conditions for divorce are met, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.

2) Divorce by litigation.

1. Drafting complaints;

2. Prepare the evidence required for the lawsuit;

3. Submit the complaint and evidence to the court of competent jurisdiction;

4. The court decides whether to accept the lawsuit;

5. After the court accepts the divorce case, it shall send a copy of the complaint to the other party within the statutory time;

6. The court arranges the first time and sends a summons to both parties;

7. **: Both parties can entrust a lawyer or other professionals** to litigate (under normal circumstances, the parties to the divorce must appear in court, and if they cannot appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce).

8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support according to the plaintiff's claim and the evidence submitted by both parties.

If you agree to divorce, it will be very simple, write the divorce agreement, distribute the property and children, negotiate everything, write it down on paper, sign it both times, take the marriage certificate and household registration book divorce agreement, and go to the Civil Affairs Bureau to go through the formalities, it is not so troublesome.

The procedures for divorce are: application, examination, registration, and divorce by agreement must be applied for in person by both parties to the marriage registration authority where one party's household registration is located, and no other person shall be entrusted**.

In the case of a divorce for the first time, the Civil Affairs Bureau will persuade both parties to give a cooling-off period of more than three months, and if there is a divorce after that, there will be six months to go through the procedures.

Divorce must be registered as divorce in order to be considered dissolved. If there is a divorce judgment from the court, it is considered a divorce between the husband and wife.

According to Article 14 of the Regulations on the Administration of Marriage Registration, if the parties are divorced, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is registered. When applying, the following documents and certificates shall be presented:

1) Proof of household registration;

2) Resident identity card;

3) A letter of introduction issued by the unit, villagers' committee, or residents' committee; (4) Divorce agreement;

5) Marriage certificate.

There are two types of divorce procedures:Divorce by mutual agreement and divorce by litigation.

If the two parties can negotiate the divorce, they can go to the Civil Affairs Bureau to go through the divorce procedures by agreement; If the negotiation cannot be successful, you need to go to the court to sue for divorce.

After the Civil Code came into effect in 2021, there will be an additional cooling-off period system for divorce by agreement.

Divorce by Mutual Consent Process:

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.

If you cannot get a divorce by mutual agreement, you need to file for divorce in the court where the defendant is located.

Litigation Divorce Process:

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.

1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is registered. From the time of acquisition, the parties shall dissolve the relationship between husband and wife.

2. Procedures for divorce by litigation.

1. The materials required for the initiation of deferred prosecution include, the indictment and a copy of the indictment, ID card, household register, marriage certificate, proof of residence, and material evidence of the main reasons for the breakdown of the relationship.

2. After receiving the complaint, if the court meets the conditions for filing the complaint, the court will serve a copy of the complaint to your spouse within five working days after the case is filed.

3. The defendant will submit a reply within 15 days after receiving the complaint.

4. After hearing the divorce materials, the court will not conduct a trial immediately, but will mediate before the trial, and the trial will be conducted if the mediation fails.

3. 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.

Divorce can be made by mutual agreement or litigation. Divorce by mutual agreement requires both men and women to divorce voluntarily, reach a divorce agreement, and go to the marriage registration office to register the divorce. Divorce by litigation requires the plaintiff to hold a complaint, collect evidence related to the breakdown of the relationship between the husband and wife, and file a divorce lawsuit in the court.

The steps to go to court to file for divorce are:

1. Submit the complaint, copies and evidence to the court;

2. The court shall file and accept the case;

3. Court trial, court investigation and debate;

4. The court shall make a judgment granting or not granting divorce. There are several main legal consequences of divorce:

1. The marital relationship between the husband and wife is dissolved.

2. If child support is involved, the right to custody of the child belongs to one party.

3. The joint property of the husband and wife shall be divided, and the joint debts shall be jointly borne by the husband and wife. Child Relationship After Divorce:

1) Divorce does not affect the relationship between parents and children.

2) If a minor child lives with one of his parents, but both parents are his guardians, the following shall be determined with which parent the child lives with: if the two parties reach an agreement and fail to reach an agreement according to the agreement, the court shall decide: after divorce, the child who is breastfeeding shall be raised with the breastfeeding mother as the principle.

If the two parties cannot reach an agreement due to a dispute over the custody of the child after the breastfeeding period, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

3) The parent who does not live with the child shall pay part or all of the necessary living expenses and education expenses of the child.

4) The parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

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. 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 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 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.