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Divorce proceedings].
1. If the parties voluntarily divorce, both parties must apply for divorce registration in person at the marriage registration authority where one party's household registration is located. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.
2. 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. Two recent one-inch bareheaded photos of the parties;
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.
3. The marriage registration authority shall examine the parties' applications for divorce, issue a divorce certificate to those who meet the conditions for divorce, and cancel the marriage certificate, and the parties shall obtain the divorce certificate, that is, the relationship between husband and wife shall be dissolved.
4. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.
5. Charging standard: 20 yuan for production cost.
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According to Article 12 of the Opinions on Several Issues of the Civil Procedure Law, where one spouse has been away from the place of domicile for more than one year and the other party sues for divorce, the people's court at the place of the plaintiff's domicile has jurisdiction.
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OK. Proof of the place of birth.
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No. (1) In the case of divorce by agreement, both parties to the divorce can go through the divorce procedures at the civil affairs bureau where one party is registered; (2) In the case of divorce by litigation, the plaintiff may file for divorce at the place where the defendant is registered or where the defendant has lived for one year or more; (3) If both parties regularly reside and live in other places other than their household registration, even if the parties reach a divorce agreement, they cannot go through the divorce formalities by mutual agreement at the civil affairs department of the place outside the household registration of both parties, but they can file a lawsuit for divorce in a place other than the household registration of both parties, and the plaintiff shall file a divorce lawsuit at the place where the defendant has lived for one year or more.
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In some areas of China, cross-provincial divorce registration formalities may be implemented. If neither husband nor wife is registered in Liaoning Province, Shandong Province, Guangdong Province, Chongqing Municipality or Sichuan Province, but resides there, the parties may apply for divorce registration at the marriage registration authority in the place where the residence permit was issued with the residence permit of one party and the household registration book and ID card of both parties. If both parties live outside the above-mentioned areas, they need to go through the divorce registration formalities at the marriage registration authority where one of the parties has a permanent residence.
In addition, if one or both of the husband and wife are in different places and need to handle a divorce, they may also file a divorce lawsuit with the people's court. According to the laws of our country, if one of the husband and wife has been away from the place of residence for more than one year and the other party sues for divorce, the plaintiff may file a divorce lawsuit with the people's court of the plaintiff's domicile, and if the husband and wife have been away from the domicile for more than one year and one party sues for divorce, the divorce lawsuit may be filed with the people's court of the defendant's habitual residence, and if the defendant does not have a habitual residence, the plaintiff may file a divorce lawsuit with the defendant's place of residence at the time of filing the lawsuit.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (2020 Amendment).
Article 12: In cases where one spouse has been away from their domicile for more than one year, and the other party sues for divorce, the people's court for the plaintiff's domicile may have jurisdiction.
In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the defendant's place of residence at the time of the plaintiff's lawsuit has jurisdiction.
Reply on Agreeing to Carry Out the Pilot Program of "Cross-Provincial Communication" for Marriage Registration of Mainland Residents in Some Areas
In order to accelerate the promotion of the "cross-provincial general handling" of government services, meet the needs of the masses for marriage registration in non-household registration places, promote the reform of the marriage registration system, and enhance the people's sense of gain and happiness, it has been agreed to implement the pilot project of "cross-provincial general handling" of marriage registration and divorce registration in Liaoning Province, Shandong Province, Guangdong Province, Chongqing Municipality, and Sichuan Province, and the pilot project of "inter-provincial general handling" of marriage registration in Jiangsu Province, Henan Province, Wuhan City of Hubei Province, and Xi'an City of Shaanxi Province. In the pilot areas, the relevant provisions of Article 4, Paragraph 1 and Article 10, Paragraph 1 of the Marriage Registration Regulations will be temporarily adjusted and implemented accordingly (the catalogue is attached). After the adjustment, the parties to marriage registration who are not registered in the local area may apply for marriage registration at the marriage registration authority in the place where the residence permit is issued by presenting the residence permit of one party and the household registration booklet and ID card of both parties, or they may choose to go through the marriage registration at the place where one party has permanent residence.
The pilot period is 2 years, from June 1, 2021 to May 31, 2023.
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Legal analysis: Both parties can obtain a divorce certificate in a different place, and if the two parties agree to divorce, both parties must apply for divorce registration in person at the marriage registration and training agency where one party's household registration is located. Where both husband and wife have been in a different place for more than one year, the people's court at the defendant's habitual residence has jurisdiction, and where there is no key to the defendant's habitual residence, the people's court at the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
Legal basis: Article 1078 of the Civil Code 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 register and issue a divorce certificate.
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Legal analysis: If the man and the woman have voluntarily divorced and have reached an agreement on issues such as child support and property division, both parties shall jointly go to the marriage registration department where one of the parties has a permanent residence to go through the divorce formalities. This is commonly referred to as a divorce by mutual agreement or voluntary divorce.
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 on matters such as child support, property, and debt disposition.
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Non-residents can apply for divorce locally, but they can only handle divorce by litigation, not divorce by agreement.
According to the Regulations on Marriage Registration of the People's Republic of China, if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration and registration authority in the place where one of the parties has a permanent residence and household registration.
According to the provisions of the Civil Procedure Law of the People's Republic of China, the people's court of the defendant's habitual residence has jurisdiction over cases where the husband and wife have been away from their domicile for more than one year and one party sues for divorce; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
Legal basis] Article 10 of the Marriage Registration Regulations stipulates that if 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.
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There are two forms of divorce, one is divorce by agreement, that is, both parties agree to go to the marriage registration office of one of the spouses in the place where the husband and wife are registered to get a divorce. The other is litigation divorce, which can be handled in other places. However, divorce by mutual agreement does not apply, and if the two of you want to divorce in a different place, you can ask the court for help.
Divorce by agreement has the requirement of jurisdiction, you and your wife are the first person, either go to the marriage registration office where your household registration is located, or go to the registration office where the other party's household registration is located to go through the corresponding procedures for divorce, and divorce by agreement is this requirement, and you cannot handle it from a different place. You are from Hebei, and you are now working in Guangdong, and then the marriage relationship between the two of you is not compatible, and you want to be in this marriage registry office in Guangdong is an agreement that divorce is not supported. Divorce is not supported by a long-distance divorce, unless the two of you choose a later litigation divorce.
Litigation divorce is to go to court, you have to file a lawsuit for divorce with the local people's court, I want a divorce, the other party is unwilling to divorce, but I think our relationship between husband and wife has broken down, there is no need to continue, both of you have a dispute about divorce, then you can choose to file for divorce, of course, if you have no business, but you just want to divorce, and you can't do it in a different place, then you are not too troublesomeYou can go to the local people's court to ask for a divorce, and they will give you a judgment and the marriage relationship will break down, then you will be considered a successful divorce. <>
It's not easy to get married, two people can be said to go from not knowing anything to knowing each other very well, and then gradually discovering each other's shortcomings, and then finding that there is no way to accept such shortcomings, accumulating disappointment, and then getting divorced, I don't want any couple to have such a situation, but in recent years, the rate of divorce is indeed getting higher and higher, and it is still necessary to be cautious about treating feelings, and divorce is not recommended until the last resortIf there is a problem in the marital relationship, you should think about how to repair it, not just change it.
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OK. As long as both parties are willing to divorce, they can divorce in other places.
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OK. Now the system of the Civil Affairs Bureau has been electronically interconnected, and all provinces can directly handle divorce and marriage procedures.
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It is not possible to handle a divorce in a different place, and when the husband and wife make a divorce agreement, they must do so in the place where one of the spouses has a household registration.
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Spouses can go through divorce formalities in a different place. The divorce here can only be a litigation divorce, and if a divorce by agreement is chosen, both parties should go through the divorce formalities at the marriage registration department where one of the parties has a permanent residence. In the case of divorce by litigation, a lawsuit may be filed in the people's court where the defendant is located, and where the divorce is granted upon judgment, the divorce shall be deemed to be established with the divorce judgment.
Article 1076 of the Civil Code: Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement, quietly go to the marriage registration authority and apply for divorce registration 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 handling.
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Hello, I have seen your question, and the answer is being sorted out rapidly, please wait for two minutes Hello, there are 2 ways to handle divorce, divorce by agreement and divorce by litigation. If it is a divorce by agreement, it can only go to the civil affairs bureau of one party's household registration to go through the divorce registration procedures, and it cannot be handled in another place. If it is a litigation divorce, it can be handled in a different place, and it is necessary to provide proof that one party has lived in a foreign place for more than one year, and then go to the area to sue for the court to grant a divorce.
According to Article 1078 of the Civil Code, 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 disposal, it shall register and issue a divorce certificate.
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