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Strictly speaking, it should be divorced, because there are three situations that must be filled in the [marital status] column, unmarried, married, and divorced. Maybe some places have a different grasp, you can go to the local police station to consult, in fact, it doesn't matter what you fill in, divorce is a fact, what are you afraid of? It won't affect anything, and besides, you can change to married again.
Marital status is subject to the actual situation, and other things such as "education", "work unit", "residential address", etc., can be applied for change or relocation at any time at the police station. Name [can apply for alias or former name, minors can change their name] Others: gender, date of birth, ethnicity, place of origin, place of birth, ID number cannot be changed for life.
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After the divorce, if the divorce certificate, divorce judgment and other materials are not issued and the police station where the household registration is located is applied to change the marital status of the household register, the previous marital status will still be displayed.
Taking Zhejiang Province as an example, according to the "Zhejiang Provincial Regulations on the Administration of Permanent Residence Registration (Trial)", it is stipulated that:
Article 58: Where there is a change or error in a citizen's household registration items such as his or her place of origin, place of birth, education level, marital status, military service status, place of service, occupation, etc., he or the head of the household may apply to the police substation for the place where his or her household registration is located to change or correct the registration on the basis of relevant supporting materials.
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Legal analysis: It is not unmarried, nor is it married, it is divorced. If you change your household register after divorce, it will show "divorced".
Divorced and unmarried, although both single, are different in nature. Divorced is not unmarried. Marital status is legally available:
Unmarried, married, divorced, and widowed.
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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Legal Analysis: Married. There are two ways of divorce, namely divorce by agreement and divorce by litigation, which are the functions of the civil affairs department and the court, respectively, and household registration management is the function of the public security department, so whether the divorce is through agreement divorce or litigation divorce, it will not be reflected in the household registration book, but after the result of the divorce is achieved, with the materials proving that the husband and wife have divorced, go to the public sales fan 'an household registration department to handle the change of marital status, and the household registration book will be reflected as divorced after the divorce.
Legal basis: Regulations of the People's Republic of China on Household Registration Article 17 When the content of household registration needs to be changed or corrected, 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 the applicant for a certificate of change or correction.
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Before remarriage, it is necessary to change the "marital status" in the household registration book to "divorced" to prove the de facto marital status. According to the "Marriage Registration Work Specifications", the "marital status" on the household registration book should be consistent with the facts, and if it does not match, the marriage registration authority will not register.
1. What documents do you need to bring for divorce and remarriage registration?
The following documents are required for remarriage:
1) Identity cards of both men and women;
2) Household registration booklet;
3) Divorce certificate or divorce judgment or divorce mediation document;
4) Three two-inch recent half-length bareheaded color group photos**;
5) The two parties do not have a direct blood relationship or a collateral blood relationship within three generations.
According to Article 1049 of the Civil Code, a man and a woman who wish to marry should apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.
Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050 stipulates that after the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.
2. Do I need a divorce certificate for remarriage registration?
Remarriage refers to the act of a married party forming a new family through the formal legal channels of the state through marriage procedures with another person on the premise of divorce from the original spouse or the death of the former spouse. As with the marriage procedure, both men and women need to prepare relevant materials and go to the marriage registration office for marriage registration, and if they remarry, they need to bring a divorce certificate or judgment, and the marriage registration staff will issue a marriage certificate after review.
The specific process of remarriage is as follows:
a) Application. The original ID card, the original household registration book, and three 2-inch recent bareheaded photos of both men and women must be submitted. It should be noted that if you remarry after divorce, you need to bring a divorce certificate or judgment.
2) Acceptance. Go to the marriage registration office hall of the civil affairs department where one party's household registration is located, and both parties will be present in person to submit the above formalities.
iii) Review. The staff of the marriage registry office checks the household registration book, ID card, and whether it is the same as the person concerned.
d) Registration. The staff of the marriage registration office asked both parties whether they were voluntary, paid the registration fee of 9 yuan, and both parties wrote a statement, signed and fingerprinted, registered the person number, registered and printed the marriage certificate, and filled in the marriage registration review and processing form.
5) Issuance of certificates. After the registration formalities are completed, the relevant registration formalities are archived, and the marriage certificate of both parties is issued on the spot, officially announcing the conclusion of the husband and wife relationship, and the law confirms the marriage relationship between the two parties. Therefore, a divorce certificate is required for remarriage registration.
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If it is not affected, the man can apply for marriage registration as long as he presents a household registration booklet, ID card, divorce certificate, and a signed statement that he has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party. According to the "Marriage Registration Regulations," Article 4 When a mainland resident gets married, both the man and the woman shall jointly go to the marriage registration office where one of the parties has a permanent residence and return to the marriage registration office to register the marriage.
Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration. Article 5 A mainland resident who goes through the registration of a marriage shall present the following documents and supporting materials: (1) his or her household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party.
According to Article 19 of the Regulations on Household Registration, 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.
Yes, 50-year-old people, their children have basically come out to work or build a family, and they can't always be by their side, and then they are divorced, and a person will definitely feel very lonely and lonely.
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