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Children can return to their place of origin, and their children's household registration can rely on their parents.
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1. The woman's household registration after the divorce, what to do with the household registration after the divorce, and the household registration after the divorce
After the divorce, the hukou of both parties will be separated, that is, each person will have a hukou book.
Take your household registration booklet and go to the household registration office of the local police station, and the staff will fill out a household registration migration certificate for you, and then cancel the household registration from the household registration file of the local place.
Take your hukou migration certificate to the hukou office of the local police station where you want to settle down, for example, provide proof of your work unit, and you can move your hukou back to your work unit.
II. Procedures for Divorce Hukou Transfer, Post-Divorce Hukou Migration Procedures:
The household registration authority at the place of current household registration shall issue a certificate of moving out.
Paragraph 1 of Article 10 of the Regulations on Household Registration stipulates that 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.
2.Move-in procedures.
Paragraph 1 of Article 13 of the Regulations on Household Registration stipulates that when a citizen migrates, within 3 days in urban areas and 10 days in rural areas, he or she or his household shall preside over the relocation certificate and declare the relocation registration to the household registration authority and surrender the relocation certificate for cancellation from the time of arrival.
3.If you do not know how to go through the procedures for moving your hukou, you can also go to the local public security registration authority for consultation.
3. Household registration division after divorce:
If it is necessary to divide the household due to changes in marriage, family members, or changes in 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 the case of marriage or divorce and household separation, the household registration office of the police station shall go through the household division formalities at the police station after being reviewed and approved by the police station on the basis of the "Marriage Certificate" or divorce certificate (the minor child and his parents live separately, borrow, lease, or build temporary housing in the unit, etc.).
4. Post-divorce children's household registration, post-divorce children's household registration:
1.After the divorce, whoever has custody of the child will follow the child's household registration.
2.If the child is under the age of 18, the parents need to transfer the household registration on their behalf.
3.If the child is over 18 years old, he or she can go through the transfer of the hukou by himself.
4.If you are at least 18 years old, you can apply for a single household with your ID card and household registration book.
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Legal analysis: After the divorce, the woman's household registration can be moved back to her place of origin. The head of the household or the person who is in charge of the household shall report the change of registration to the household registration authority.
Legal basis: Regulations of the People's Republic of China on Household Registration Article 19 When a citizen changes his or her household registration due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration machine.
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Legal analysis: Yes, you can move back to your parents, children or other relatives, but you need the local village (neighborhood committee) to issue a certificate of your relationship, and then go to the police station to handle it, if the nature of your household registration is different, you can't, you can't go to the local single independent household, unless you have a local real estate certificate, at present, some areas are implementing the policy of rural to non-farming, but you need to have a fixed residence or fixed job in the local area.
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 led to the breakdown of the relationship between Liang Yan and his 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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When a man and a woman get married, the woman moves her household registration to the man's home, and after the divorce, the woman can choose to move her household registration back to her place of origin, and the law does not interfere with the force to prevent the woman from moving her household registration back to her place of origin.
According to the relevant laws, when a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.
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 for the registration of moving out, obtain the migration certificate, and cancel the household registration before moving out. 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.
Legal basis] Regulations of the People's Republic of China on Household Registration
Article 17 When it is necessary to change or correct the contents of household registration, the head of the household or himself shall report to the household registration authority; The household registration authority shall make changes or corrections after verifying the facts.
When the household registration authority deems it necessary, it may request proof of change or correction from the applicant.
Article 13 From the time of arrival at the place where a citizen has moved in, within three days in urban areas and 10 days in rural areas, he or her household shall report to the household registration authority for the registration of the relocation and cancel the relocation certificate.
Citizens who do not have migration certificates shall apply for relocation registration at the household registration authority in the place of relocation with the following documents:
1) Demobilized, demobilized, or discharged servicemen shall present their certificates issued by the county or city military service organs or military organs at or above the regimental level.
2) Overseas Chinese and international students returning from abroad with their passports or entry documents of the People's Republic of China.
3) Persons who have been released by the people's courts, people's procuratorates, or public security organs, on the basis of the documents issued by the organ that released them.
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Legal analysis: After the divorce, the woman's household registration can go through the procedures of household division in the jurisdiction of the current household registration, or she can move back to her original hometown.
Legal basis] Regulations of the People's Republic of China on Household Registration
Article 10 When 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 for moving out of the household registration before moving out, obtain a relocation certificate, and call for cancellation of the household registration. Citizens who move from rural areas to urban areas must apply to the registration authority of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to the school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, division of households, merger with the head of the household, disappearance, recovery, or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.
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Legal analysis: After the divorce, the woman's household registration can be moved back to her place of origin. The law stipulates that when a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.
Legal basis: Regulations of the People's Republic of China on Household Registration Article 3 The work of household registration shall be in charge of the public security organs at all levels. Cities and towns with public security police stations shall have the jurisdiction of the public security police station as the jurisdiction of the household registration; Townships and towns without public security police stations shall have the jurisdiction of the township or town as the household registration jurisdiction.
Township and town people's committees and public security police stations are the household registration organs. For those who reside in the internal and public dormitories of government agencies, organizations, schools, enterprises, institutions, and other units, each unit shall designate a special person to assist the household registration authorities in handling the household registration; For scattered household registration, the household registration authority shall directly handle the household registration. For non-active military personnel residing in military organs and military quarters, each unit shall designate a special person to assist the household registration authority in handling the household registration.
For the household registration of agriculture, fishery, salt industry, forestry, animal husbandry, handicraft industry, etc., the cooperative shall designate a special person to assist the household registration authority in handling the household registration. Accounts other than cooperatives shall be directly registered by the household registration authorities.
Article 4 The household registration authority shall establish a household registration book. In cities, on water, and in towns with public security police stations, each household shall be issued a household registration booklet. In rural areas, cooperatives are issued household registration books; Accounts other than cooperatives are not issued with a household register.
The household register and the matters registered in the household register have the effect of proving citizenship.
Article 5 The household registration shall be based on the hail loss household. Where they reside together with the person in charge, they shall be established as one household, and the person in charge shall be the head of the household. If you live alone, you will be the head of your own household.
Households residing in institutions, groups, schools, enterprises, institutions, and other units and public dormitories shall be established in one household or separately. The head of household shall be responsible for filing the household registration in accordance with the provisions of this Regulation.
Why can't I migrate? Can you migrate, are you a rural hukou? >>>More
It's very simple, if you are the head of the household, take the divorce certificate to the police station to open a single certificate, you can cancel her household registration, and you don't have to worry about her household registration for the rest.
Of course, yes, but you need to go through some procedures, the woman needs to take the marriage certificate and household registration book, when the police station where the woman's household registration is located, change the marital status, and then issue a household registration certificate, and then both men and women take their respective ID cards, household registration books, marriage certificates, to the man's village committee to issue a certificate, and then go to the police station where the man's household registration is located, fill in the household registration application form, and wait for approval, you can go through the household registration procedures.
First of all, you should go to the police station to check where your current hukou is located, and after confirming, you bring your hukou page, your home's hukou homepage, ID card, and settlement application, and apply for a "permit for relocation" at the police station under the jurisdiction of your original hukou, and then take this "permit for relocation" to the police station under the jurisdiction of your hukou to exchange for a "migration certificate", and use this "migration certificate" to the police station under the jurisdiction of your home of origin to handle the settlement. Secondly, after you settle down and go home, in principle, it should fall to your home. Third, if you are in an emergency, then you can bring your ID card and the certificate of your unit, and you can go to the police station under the jurisdiction of your household registration to issue a household registration certificate with your photo, which has legal effect and can go through all kinds of procedures in the society.
The parties may not move their household registration after the divorce, but may apply for household division procedures. The parties need to go to the police station where the household registration is located to apply for the household division procedures with their ID cards, household registration books, divorce certificates, and divorce agreements, and re-apply for the household registration book with only one name of the parties. >>>More