Specific procedures and steps for divorce

The specific procedures and steps for divorce are:

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.

Legal analysis: The procedure for divorce by mutual agreement is that both parties apply for divorce registration in person at the marriage registration authority where one party has a household registration and submit relevant documents; The staff of the marriage registration authority shall conduct the examination; After examination, the marriage registration authority shall register the divorce application that complies with the Marriage Law and the Regulations on the Administration of Marriage Registration, issue a Divorce Certificate, and cancel the Marriage 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.

1. How to handle the divorce procedures - materials.

The handling of divorce procedures involves a lot of relevant materials, the main materials are the following: the parties' household register, ID card, marriage certificate, **, divorce agreement, etc., in addition, overseas Chinese and foreign citizens should also bring their valid passports or other valid international travel documents (including copies).

2. How to handle divorce procedures - precautions.

It should be noted that the written content of the divorce agreement should include the main points of the agreement, as well as a detailed description. In general, the divorce agreement should include: both parties declare whether the divorce is for the sake of resources; custody of the child; the claims of the husband and wife and how to deal with the debts; The joint property of the husband and wife is vested or disposed of after marriage.

3. How to handle the divorce procedures for divorce by agreement.

Divorce by mutual agreement is commonly known as two-wish divorce or registered divorce. That is, the husband and wife divorce voluntarily. Both parties to a divorce by mutual agreement need to bring relevant documents and materials to the Civil Affairs Bureau to handle the divorce.

Divorce by mutual agreement has the following characteristics:

1. The procedure is relatively simple and the handling method is convenient.

2. Due to the voluntariness of both parties, the divorce agreement is mostly a voluntary agreement between the two parties, and the rate of voluntary compliance and fulfillment is high.

3. Litigation is avoided, and there is generally no mutual hatred and hostility between the husband and wife after divorce.

4. How to handle the divorce procedures for divorce by litigation.

Litigation divorce refers to a form of divorce in which the husband and wife are involuntary, or the two parties fail to reach an agreement due to the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court to dissolve the marriage relationship through mediation or judgment of the people's court. Litigation divorce needs to be filed with the court, which will take effect after trial or mediation.

Litigation divorce has the following main characteristics:

1. The divorce of the husband and wife is involuntary.

2. Unable to reach an agreement on the division of property, child custody, etc.

3. The people's court intervenes and plays a regulating role.

Divorce by agreement Divorce Procedures Process:

1. Prepare divorce-related documents.

2. Prepare divorce-related materials.

3. After the materials and documents are prepared, the husband and wife must go to the civil affairs bureau of the area where the party's permanent residence address is located to go through the divorce procedures.

4. The personnel of the Civil Affairs Bureau will review the materials and take back the marriage certificate. and issue a divorce certificate to the parties.

V. Procedures for handling divorce formalities in litigation divorce.

1. Hire a professional lawyer to file a lawsuit with the people's court.

Note: The court must meet the following four conditions before it can be accepted: the plaintiff must be an individual with a direct interest in the case; There are specific claims, facts, and reasons; There is a defendant and it is clear; It is within the jurisdiction of the people's court that is the subject of the lawsuit.

2. Trial by the people's court.

Under normal circumstances, the court will review the case, file the case within 7 days, and serve a copy of the complaint on the defendant within 5 days after the case is filed. After the case is filed, the court will first adjust the parties, and the mediation will not be successful.

3. Judgment. According to the circumstances of the trial, the people's court will conduct another mediation between the parties, and if no agreement is reached in the second mediation, the court will pronounce a judgment.

Legal analysis: divorce by agreement, divorce by agreement is an administrative method, and the husband and wife sign a divorce agreement and go to the marriage registration authority to handle it. When applying, the following documents and certificates shall be presented: "my household registration booklet, ID card, my marriage certificate, and the divorce agreement signed by both parties"; In the case of litigation divorce, where one of the husband and wife insists on not leaving or agrees to the divorce but cannot reach an agreement on child support or property division, it shall be resolved by filing a lawsuit in the court, and the marriage registration authority shall not accept the divorce application.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: 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.