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The first step is to apply for the separation of household registration at the neighborhood committee (village committee) and issue a letter of consent to the separation or relocation. The second step is to take the divorce certificate or court judgment (mediation document) and a copy to the household registration management authority (police station) to apply for the separation or relocation of the household registration. The third step is to receive the household registration book after approval.
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Legal analysis: 1. After the divorce, the household registration of both parties should be separated, that is, one household registration book for each person. 2. Bring the household registration booklet to the household registration office of the local police station, and the staff will fill out a household registration migration certificate, and then cancel the household registration from the household registration file of this place.
3. Take the household registration certificate to the local police station to settle down, for example, provide the certificate of the work unit, you can move the household registration back to the work unit.
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, 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.
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1. Can a husband and wife be separated after a divorce?
1. The husband and wife can separate the household registration after divorce. In practice, the woman will generally move out of the household registration, and when moving out of the household registration, it can be implemented in accordance with the provisions of the household registration regulations, and according to the relevant laws and regulations, if a citizen moves out of the jurisdiction of the household registration, she or the head of the household shall report to the household registration authority before moving out, obtain the migration certificate, and cancel the household registration.
2. Legal basis: Article 1076 of the 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' intention to divorce voluntarily, and the opinions on matters such as child support, property, and debt disposition shall be expressed through consultation.
Article 1077.
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.
2. How to divide the household registration after divorce.
How to divide the household registration after divorce:
1. If it is necessary to divide the household due to the change of marriage, family members, or housing structure, the list of members of the new family and the certificate of house ownership or unit division issued by the housing management department shall be presented;
2. In case of divorce and household separation, with the "Marriage Certificate" or Ming, after being reviewed and approved by the police station field police, go to the household registration office of the police station to go through the household separation procedures.
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After a divorce, there are usually 5 ways to deal with the hukou. As follows: 1. You can move your household registration back to the place where you were originally registered before you got married; 2. You can move your household registration to your habitual place of residence; 3. You can choose to divide the account and set up a separate portal; 4. You can choose to move your hukou after remarriage; 5. You can also choose not to move out of the hukou.
If a citizen has moved out of the jurisdiction of Hongzekou of his or her household, he or the head of the household must report to the household registration authority for moving out of the registration before moving out, obtain a relocation certificate, and cancel the original household registration.
[The law is based on the high evidence].
Regulations of the People's Republic of China on Household Registration》 Article 10 If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain a migration certificate, and cancel his or her household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens who move to border areas must be approved by the public security authorities of the county, city, or municipal district where they habitually reside.
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