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Divorce is not possible in **. According to the relevant laws and regulations, if a resident divorces voluntarily, both the man and the woman shall go to the relevant authority at the place where one of the parties has a permanent residence to register the divorce. However, if the marriage registration is not done in Chinese mainland, the marriage registration authority will not accept it.
[Legal basis]:Marriage Registration Ordinance
Article 10Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with 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 divorce registration.
Article 12In any of the following circumstances, the marriage registration authorities shall not accept the divorce if the parties to the divorce registration have not: (1) the divorce agreement has not been reached; (2) They are persons with no or limited capacity for civil conduct; (3) The marriage registration was not handled in Chinese mainland.
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Pilot cities that have implemented "cross-provincial registration" for marriage registration and divorce registration can handle divorce in different places. Men and women who are not in the pilot cities of the "cross-provincial general office" shall jointly go to the marriage registration authority where one of the parties has a permanent residence to register their divorce.
With the approval of the Ministry of Civil Affairs, the Ministry of Civil Affairs has implemented the pilot project of "cross-provincial general handling" of marriage registration and divorce registration in Liaoning, Shandong, Guangdong, Chongqing and Sichuan, and the pilot project of "inter-provincial general handling" of marriage registration in Jiangsu, Henan, Hubei Wuhan and Xi'an, Shaanxi. The pilot period is 2 years, from June 1, 2021 to May 31, 2023. Previously, if a Mainland resident voluntarily married or divorced, both the man and the woman were required to go through the marriage registration at the marriage registration authority in the place where one of the parties had a permanent residence.
The marriage certificate must be in the place of household registration. According to the relevant laws and regulations, if a man and a woman voluntarily become husband and wife, they shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register their marriage. Those who meet the requirements for marriage shall be registered on the spot and a marriage certificate shall be issued.
Legal basis] Marriage Registration Regulations
Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.
Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
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After two people get married together, if they are not happy, they will end up in divorce. But now in society, both men and women have their own careers, and two people may be separated, and it is possible to work in two places or work in a city far away from home, so in this case, if they want to divorce, the steps may not be very clear. So can divorce be handled in **?
What are the procedures for going through divorce procedures in other places? Let's take a look.
1. Can divorce be handled in **?
1. Divorce is not possible in **, there are only two ways to divorce in China, one is divorce by agreement, and the other is divorce by litigation. In the case of divorce by mutual agreement, both parties have reached an agreement on the custody of the children or the division of property after the divorce, and then both parties can apply for a divorce certificate at the civil affairs bureau where either party is registered.
2. In the case of divorce by litigation, the husband and wife have not reached a consensus on the maintenance of the children after marriage and the division of property, so the divorce needs to be completed through the judgment of the court judge.
To sum up, the above is the relevant content introduced about whether divorce can be handled in **, I hope it will be helpful to everyone, if you have more good suggestions, please leave a message in the comment area below.
2. What are the procedures for handling divorce procedures in other places?
1. If it is a divorce in a different place, at present, only litigation divorce can be selected to be handled in a different place, and there are two ways of divorce in China, one is litigation divorce, and the other is a divorce agreement by agreement.
2. In the case of divorce by litigation, the lawsuit can be filed in the local court of the defendant's habitual residence, so in the case of divorce by litigation, you need to prepare the divorce complaint and divorce, and you need evidence to prove the breakdown of the relationship between the parties when you divorce by litigation. Then after the court's approval, we will see who will see if it is determined that the relationship between the two parties has broken down, and then the plaintiff's claim will require both parties to submit evidence to see whether to grant the divorce, as well as a judgment on the division of property and child support.
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Handle it according to the rules, for you to do!
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Divorce is not what you say can be handled, usually there are two situations of divorce we are talking about, one of which is divorce by agreement, which refers to the voluntary divorce of both men and women, if the relevant procedures are handled, then the two parties who file for divorce must jointly apply for divorce at the marriage registration office of the district and county-level civil affairs bureau of one party's permanent residence, and the other party does not agree to divorce, and the other party sues and is divorced by the court. It is also necessary to go to the court in the jurisdiction of the defendant's household registration or the place where he or she habitually resides.
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It is not clear that divorce can only be handled in a specific place. An uncontested divorce must be in the location of either spouse. The lawsuit for divorce must be filed in the court of the other party's place or place of residence.
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It shouldn't be the case, the first thing to do in the divorce procedure is to go to the location of the other party, whether it is a man. The party or the woman goes there at the location of one of the parties.
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China's Civil Code stipulates that divorce is divided into divorce by agreement and divorce by litigation. If the divorce is by agreement, the divorce can be handled at the marriage registration authority where one of the parties is registered, but the divorce cannot be obtained by agreement in a different place. However, in the case of divorce by litigation, one of the spouses can go through the divorce formalities at the marriage registry office where the family register is located.
Divorce proceedings can also be filed in the court of the jurisdiction of the place of residence where one year of residence has been lived.
Laws. Civil Code of the People's Republic of China Article 1079: [Divorce by Litigation] 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, where 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Legal analysisNo. Divorce is divided into unagreed divorce and litigated divorce. If it is a divorce by agreement, you must go to the civil affairs bureau where either party is registered to go through the divorce procedures; In the case of litigation divorce, it is necessary to issue a certificate of habitual residence or household registration certificate of the other party to the court where the defendant's household registration or habitual residence is located.
A divorce certificate will be issued to the marriage registration authority when it is ascertained that the parties are indeed willing and that the issue of children and property has been properly dealt with. In the case of divorce by litigation, the court with jurisdiction is generally the place where the defendant has a household registration or habitual residence. Where the circumstances under the jurisdiction of the plaintiff's court are met, a divorce lawsuit may also be filed with the court where the plaintiff is located.
The following materials are required for divorce: 1. ID cards and household registration books of both parties; 2. Divorce agreement; 3. Marriage certificate; 4. The party's single person has recently been half-bareheaded**.
[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.
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Generally, it is necessary to go to the marriage registration department to inquire, because when the man and woman go through the divorce registration, the civil affairs bureau of the place where the divorce certificate is issued has already filed the divorce agreement and other contents, so the inquiry must also go to the civil affairs bureau where the divorce certificate is issued. Not everyone can go to the civil affairs bureau where the divorce registration is located to inquire about other people's divorce certificate information, and the only person who can check the divorce certificate information can only be the parties themselves or the interests of the parties themselves. Information on marriage and divorce is personal privacy, and it is currently impossible to find it on the Internet in China.
In other words, the code of the divorce certificate and the authenticity of the divorce certificate are now not available online.
Article 1078 of the Civil Code of the People's Republic of China stipulates that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposal, it shall register and issue a divorce certificate.
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