How to go through the divorce procedure 15, how to go through the divorce procedure

Divorce by mutual agreement shall be handled at the marriage registration authority at the place where one party is registered. If the agreement fails, the defendant sued for divorce in the defendant's local court.

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It is recommended that if you get a divorce, it is better to go to the court to decide the divorce, and the marriage registry office will also handle the divorce procedures!!

Because divorce has a great impact on both parties, especially children, it is recommended that you be very cautious!!

There are two main ways of divorce: divorce by agreement and divorce by litigation, and the corresponding divorce method needs to prepare corresponding materials.

The parties take the marriage certificate to the marriage registry office to divorce.

Can divorce procedures be handled in **?

what did you do early people who got married are like that.

Legal Analysis: Divorce Application Process: 1. Divorce by Agreement:

1. Application. A man and a woman apply for a divorce by mutual agreement. 2. Review.

The marriage registration authority examines the application for divorce. 3. Approval. After a 30-day cooling-off period for divorce, both parties will go to the marriage registration office to obtain the divorce certificate within 30 days.

2. Divorce by litigation: 1. Entrust a lawyer to write a complaint, collect evidence, and file a case in the court. 2. After the court accepts the case, mail a summons to both parties.

3. After the mediation fails, the trial will be conducted.

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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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.

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, the 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the term shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by the husband or wife in the family land contract shall be protected in accordance with law.

The new legal provisions for divorce are as follows:

The following materials are required to handle the divorce:

1. ID cards and household registration books of both parties;

2. Divorce agreement;

3. Marriage certificate;

4. The single person who returned to the cave returned to the party was recently half-body bareheaded**.

Divorce process: 1. Application. Both parties must apply in person to the marriage registration authority where one of the parties is registered, and they must not entrust another person**.

When applying, each party shall present a household registration certificate, a resident identity certificate, a letter of introduction issued by the unit, village, or residents' committee, a divorce agreement, a marriage certificate, etc., so that the registration and management authority can ascertain the identity of the parties and determine the jurisdiction;

2. Review. After accepting the parties' application for divorce registration, the marriage registration authority shall conduct a review within one month, and in the course of the review, shall fully understand the content of the agreement, especially paying attention to whether the parties' expression of intent to request divorce is genuine, and whether matters such as child support, assistance for one of the spouses' living difficulties, division of property, and debt handling are appropriate;

3. Registration. After examination by the marriage registration management authority, those who meet the requirements for divorce shall be registered, issued a divorce certificate, and the marriage certificate shall be cancelled; Where the statutory requirements are not met, the reasons for the refusal to register shall be explained in writing, and the relationship between husband and wife shall be dissolved from the time the parties receive the divorce certificate. 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;

4. Revocation. Where a party applying for divorce obtains a divorce registration by deception or fraud, the marriage registration management organ shall revoke the divorce registration, declare the dissolution of marriage null and void to the divorced party and withdraw the divorce certificate, and if the party believes that it meets the requirements for divorce, it may apply for administrative reconsideration in accordance with law, and if it is not satisfied with the reconsideration decision, it may file an administrative lawsuit in accordance with law.

Legal basisArticle 55 of the Norms for Marriage Registration.

The conditions for accepting an application for divorce registration are:

a) The marriage registry office has jurisdiction;

2) The husband and wife who request a divorce jointly apply to the marriage registry office;

3) Both parties have full capacity for civil conduct;

4) The parties hold a divorce agreement, which clearly states the parties' intention to divorce voluntarily and the opinions reached through consensus on matters such as child support, property and debt handling;

5) The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad;

6) The parties each submit two 2-inch single recent half-length bareheaded **;

7) The parties hold valid identification documents provided for in articles 29-35 of these Norms.

Hello, there are two ways to divorce, divorce by consultation and divorce by litigation.

Divorce by mutual agreement means that both parties go to the Civil Affairs Bureau to register the divorce, and the materials required are: (1) their household registration booklet and ID card; (2) The person's marriage certificate; (3) The divorce agreement jointly signed by the parties to Shuanglu Shichang.

Litigation divorce refers to the fact that both parties go to the court and the court issues a mediation judgment for divorce. It is necessary to provide the identity information of both parties, marriage certificates, civil complaints and other materials, and you can consult a professional lawyer for details.

Article 1079: If one of the spouses requests to negotiate a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.