What procedures do couples need to go through for divorce, and what procedures do couples need to go

Updated on society 2024-03-28
10 answers
  1. Anonymous users2024-02-07

    The procedures for divorce by mutual agreement include: if both parties divorce voluntarily, they shall apply to the marriage registration authority for divorce registration after signing the divorce agreement; Within 30 days after the cooling-off period for divorce, both parties shall apply for a divorce certificate in person with the marriage registration authority; If the application is not made, it shall be deemed that the application for divorce registration shall be revoked.

    [Extended content].

    Legal basis: Article 1078 of the Civil Code of the People's Republic of China provides that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall be registered and a divorce certificate shall be issued.

    Article 1076 of the Civil Code of the People's Republic of China provides that 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.

  2. Anonymous users2024-02-06

    The procedure for divorce depends on the manner in which the divorce is made. For divorce by agreement, both parties are required to sign a divorce agreement and bring relevant materials to the marriage registration authority for divorce registration, and for those who meet the conditions for divorce, the marriage registration authority will issue a divorce certificate; In the case of divorce by litigation, the party requesting the divorce shall bring the complaint and relevant documents to the court to file a divorce lawsuit. The court will first mediate between the parties, and if the relationship between the parties has broken down and the court's mediation fails, the divorce will generally be granted.

    [Legal basis].

    Civil Code of the People's Republic of China Article 1079 Where 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 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.

  3. Anonymous users2024-02-05

    According to the latest implementation of the Civil Code, under the premise that the husband and wife voluntarily divorce are missing, they sign a divorce agreement, and then go to the Civil Affairs Bureau to register the divorce.

  4. Anonymous users2024-02-04

    For the divorce of husband and wife, if two people break up peacefully, they can go directly to the Civil Affairs Bureau to go through the divorce registration procedures, if the divorce of the husband and wife has a major disagreement, you can take the orange stool fine law procedure to sue for divorce

  5. Anonymous users2024-02-03

    When a husband and wife divorce, bring their marriage certificates, household registrations of both parties, and their ID card chain ligands and other materials to the place where one party's household registration is located, sign the divorce agreement on a voluntary basis, and receive a divorce certificate.

  6. Anonymous users2024-02-02

    The first two people who file for divorce must bring the ID cards of both parties, the bright book of household registration and the marriage certificate to the civil affairs bureau of the area under their jurisdiction to go through the divorce procedures, and the civil affairs bureau will change the key according to your requirements, and handle the relevant procedures for you according to the process, you only need to implement it according to the process.

  7. Anonymous users2024-02-01

    Husband and wife divorce need to go to the Civil Affairs Bureau to get a divorce certificate, now there is a cooling-off period for divorce, you need to register first, and then go to get a divorce certificate after a one-month cooling-off period.

  8. Anonymous users2024-01-31

    If you husband and wife are blind and have no feelings for marriage, you can go to the Civil Affairs Bureau to go through the divorce procedures, but your property before marriage is the joint property of the husband and wife, then after the divorce, it will be half of the person.

  9. Anonymous users2024-01-30

    What are the procedures required for a husband and wife to divorce and judge Wang's marriage? You can go to the Civil Affairs Bureau to ask and I think this kind of is more difficult to fit a little bit, Chong Song because you know a little more.

  10. Anonymous users2024-01-29

    The specific steps for couples to go through the divorce procedure:

    1. The divorced man and woman jointly apply to the marriage registration office of one party's permanent residence;

    2. Both parties fill in **;

    3. The willingness of both parties to sign and agree to the content of the divorce agreement;

    4. The marriage registration authority shall examine the materials submitted by the parties to the divorce, and if the conditions are met, they shall be registered.

    1) Divorce by mutual agreement.

    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 submit 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 appropriate arrangements have been made for child support and education, financial assistance for one of the spouses, property and debts, etc., and 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.

    Legal basis: Paragraph 1 of Article 11 of the Marriage Registration Regulations.

    Mainland residents who have registered their divorce 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.

    Article 10, paragraph 1.

    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.

Related questions
9 answers2024-03-28

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. >>>More

8 answers2024-03-28

If the marital relationship between husband and wife breaks down irretrievably, there are two ways to divorce, divorce by agreement, or go through legal procedures to sue for divorce. >>>More

7 answers2024-03-28

If the mortgage house is not repaid in the last five payments after the divorce, the transfer cannot be made, because the house is temporarily owned by the bank at this time. >>>More

13 answers2024-03-28

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

7 answers2024-03-28

If you want to divorce, you still have to negotiate with the other party, and both parties should go to the marriage registration office to go through the divorce registration formalities together, and if the negotiation fails, you can directly sue the court for divorce. >>>More