What procedures do I need to go through after the cooling off period for divorce?

Divorce has become a high topic in recent years, because young people have different understandings of marriage, and many divorces are in the air, impulsive divorce leads to divorce, the high divorce rate also makes the country a headache, in the face of some irrational or impulsive divorce, the state has also made some regulations on divorce, many people do not know much about the divorce process, I checked a lot of information, have some of their own unique understanding, talk about my views, share my views, Hope it helps.

There are five steps to a cooling-off period: application, acceptance, cooling-off period, review, and registration of the divorce. That is, if you want to divorce next, you must go through the above five procedures to successfully divorce, the cooling-off period is 30 days, first you must apply for divorce, after the application of the marriage registration authority to accept your materials, and then start the 30-day cooling-off period, in this cooling-off period, if one party withdraws the divorce application, then the marriage can not be divorced, since the divorce cooling-off period expires more than 30 days later, both people do not come to get the divorce certificate, then the divorce application is also invalid, and it will be automatically revoked.

Therefore, the 30 days of the cooling-off period and the 30 days after the expiration of the cooling-off period are very critical, and everyone must pay attention to the fact that if you must divorce, you must go through the divorce procedures only after the expiration of the cooling-off periodIf the divorce is not filed within 30 days of the expiration of the cooling-off period, the divorce petition will also be withdrawn.

Is the cooling-off period also suitable for special divorces such as domestic violence? This is a problem that many people are very worried about, domestic violence, gambling, drug abuse, these divorces are not within the scope of the cooling-off period, and the cooling-off period divorce is aimed at the divorce by agreement, which is what we usually call an ordinary divorce like a good get-together. Domestic violence, gambling, drug abuse, etc., in order to protect the victim, divorce can be divorced directly through litigation without waiting for the cooling-off period of marriage.

No matter how you get to the step of divorce, everyone should reflect on it, after all, it is not easy to set up a family, it is better to cherish your home, and you will be separated after leaving home.

First of all, both spouses need to file a divorce application; Then wait for the 30-day cooling-off period for divorce, if one party withdraws the application, then the entire application becomes invalid; After the 30-day cooling-off period, both husband and wife need to go to the Civil Affairs Bureau to obtain a certificate before the divorce is considered successful.

There are generally five steps in divorce: application, acceptance, cooling-off period, examination, and registration of the divorce. After registering the divorce and receiving the green book, it is considered a formal divorce.

After the implementation of the cooling-off period for divorce, divorce needs to be applied for, then accepted, followed by a cooling-off period, review, and finally registered divorce, which is more conducive to people dealing with emotional problems.

Now the procedures to go through for divorce include filing for divorce, filing a case, mediating the cooling-off period for divorce, ** trial, and finally the court judgment.

Legal analysis: The process of the cooling-off period for divorce is as follows: the parties apply for divorce registration with the marriage registration authority; The marriage registration authority dissolves and issues the "Receipt of Acceptance of Divorce Registration Application" to the parties; Within 30 days thereafter, 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 cooling-off period for divorce, both parties shall apply to the marriage registration authority for the issuance of a divorce certificate.

Legal basis: Article 1077 of the Civil Code of the People's Republic of China Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, 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.

Specifically, there are the following pre-mold processes:

1. First of all, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and jointly submit an application for divorce registration to the marriage registration authority.

2. The cooling-off period is 30 days, and if one party does not want to divorce, he or she can withdraw the application for divorce registration from the marriage registration authority with relevant materials.

3. If the cooling-off period of 30 days has passed, neither party has changed the decision to divorce, nor has the marriage registration authority withdrawn the application for divorce. Then, within 30 days, both parties must jointly apply for a divorce certificate at the marriage registration office.

4. If both parties do not apply for a divorce certificate in person at the Civil Affairs Bureau within 30 days, the application for divorce registration shall be deemed to have been withdrawn.

According to the relevant laws and regulations of China, there are two types of divorce in China: divorce by litigation and divorce by agreement, and the process of divorce by litigation is as follows: one party to the marriage relationship submits a request to the people's court to dissolve the marriage relationship with the other party, and the people's court begins the litigation procedure after receiving the lawsuit. After receiving the divorce lawsuit, the people's court shall conduct a review, and if the conditions for filing a case are met, the case will be filed within 7 days, and a copy of the complaint shall be served on the defendant within 5 days after the case is filed, and the defendant shall file a reply within 15 days of receiving the copy of the complaint; Adjudicators review litigation materials, conduct investigations, research, and collect evidence; After the people's court accepts a divorce case, it should first mediate between the parties, so that the parties can eliminate their differences and understand each other, so as to reach a divorce or reconciliation agreement.

If the people's court fails to mediate, it shall conduct a trial again. According to the circumstances of the trial, mediation will be carried out again, and if the mediation fails, the judgment will be announced. Where the judgment is announced at court, the judgment shall be served within 10 days; Where the judgment is pronounced on a regular basis, the judgment is to be issued immediately after the judgment is pronounced.

If a party is dissatisfied with the judgment, he or she may appeal to the court at the next higher level and conduct a second-instance litigation procedure. The process of divorce by mutual agreement is as follows: in the case of divorce by mutual agreement, the husband and wife shall sign a divorce agreement to negotiate and stipulate child support, property and debts.

After the 30-day cooling-off period for divorce, both parties have no remorse, and if the marriage registration authorities have examined and met the conditions for divorce, they will be issued a divorce certificate.

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 a family member; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (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.