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Yes, suing for divorce has nothing to do with the woman's household registration, as long as the relationship between the two parties breaks down and the negotiation fails, the woman can directly sue the court for divorce.
According to the Marriage Law of the People's Republic of China:
Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.
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Divorce by litigation has nothing to do with household registration, and you can file a lawsuit in the court of your domicile or your husband's domicile place.
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Legal analysis: Generally speaking, divorce by mutual agreement can only be handled at the civil affairs bureau where the husband and woman have a household registration, and cannot be handled in a different place. In fact, the location of the woman's household registration is not the same as the location of the man's household registration, so for the man, the location of the woman's household registration is a different place, and similarly, for the woman, the location of the man's household registration is also a different place.
But in general, if both parties choose to divorce by agreement, they must go to the civil affairs bureau where the man's or the woman's household registration is located.
Legal basis
Civil Procedure Law of the People's Republic of China》 Article 12: In cases where one of the husband and wife has been absent from the place of residence for more than one year, the people's court for the place where the plaintiff is domiciled has jurisdiction. In cases where both husband and wife have left their place of residence for one year, and one party sues for divorce, the people's court of the place where the husband and wife have been sued for habitual residence shall have jurisdiction; If there is no habitual place of residence, the people's court of the place where the plaintiff resides at the time of filing the lawsuit shall have jurisdiction. The domicile mentioned above refers to the place of household registration of citizens; "Habitual residence" refers to the place where a citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of initiation, except for the place where the citizen is hospitalized for medical treatment.
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If the woman does not move her hukou after the divorce, the man can file a lawsuit with the court to force the woman to move her hukou. However, the specific situation needs to be determined according to the local household registration management regulations and the agreement between the husband and wife.
After the divorce, the woman is not obliged to continue to reside and register in the place where she was originally registered. If the woman leaves her original address, she should move to the new place of residence in accordance with the national and local regulations on the management of household registration. However, if the woman is unwilling to move her hukou, the man, as a party to the divorce, has the right to file a lawsuit with the court to request the other party to move her hukou.
Based on the specific circumstances, the court will consider the division of property and child support of the husband and wife, and decide whether to support the woman's transfer of household registration. It should be noted that if the divorce agreement contains a specific agreement on the transfer of household registration, both parties should perform according to the agreement and do not need to file a lawsuit with the court. If the divorce agreement does not involve the transfer of household registration, it will be performed in accordance with the relevant laws and regulations.
What if the woman does not fulfill the obligation to transfer her hukou as determined by the court? If the woman fails to follow the court's decision to relocate her hukou, the man can apply to the local public security bureau for enforcement and punish the woman for refusing to perform.
After the divorce, the woman has the right to choose whether to move her hukou. If the woman is unwilling to move her hukou, the man can file a lawsuit with the court to demand that she fulfill the obligation to move her hukou. However, the specific situation needs to be determined according to the local household registration management regulations and the agreement between the husband and wife, and the divorce agreement should clearly stipulate the transfer of household registration.
If there is a dispute, it shall be handled in accordance with the relevant laws and regulations.
Legal basis
Article 1034 of the Civil Code of the People's Republic of China After divorce, the husband and wife may agree that one or both parties shall change their household registration. Where there is no agreement or the agreement cannot be performed, the people's court shall make a ruling on the modification of household registration on the basis of the actual circumstances.
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Summary. Hello, the man is being sued and the woman has nothing to do with it.
Hello, the man is being sued and the woman has nothing to do with it.
Hukou and property have nothing to do with each other.
As long as the divorce is processed, it has nothing to do with the man.
Article 1080 of the Civil Code: When the registration of divorce is completed, or the divorce judgment or mediation document takes effect, the marriage relationship shall be dissolved.
If the woman's household registration is not moved, will it be affected if the man owes money to others and others sue him?
Hello, it won't be affected.
Unless it is a joint debt of the husband and wife during the marriage.
The divorced house and the children all belong to the woman.
But the debt has nothing to do with the hukou, and the result is the same whether you move or not.
Hello, if it is a joint debt, the creditor can also sue you.
IOUs for private loans.
The IOU was not signed by the woman.
Hello, I didn't sign and the loan was not used for family life, the man squandered it personally, and the woman won't pay it back.
If the loan is used for family life, it is a joint debt, and the woman has to repay it.
It's for business.
Article 1064 of the Civil Code: Debts incurred by husband and wife in the form of false answers and joint signatures of both parties or subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the period of existence and continuation of the marital relationship, are not recognized as joint debts of the husband and wife.
Hello, the money from doing business is used to live together, and the woman has to pay it back.
What if the woman doesn't know when the man borrows money and makes an IOU?
Hello, even if you don't know, it's the same as if you know.
It mainly depends on the purpose of the loan.
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Hello dear<>
From a legal point of view: if the woman's household registration has not been moved after the divorce, but she no longer lives in the place where the husband is registered, then if the man is sued, he can provide the court with the same evidence as the woman's residence certificate or the rental house to prove that the woman has moved away from the place where the man's household registration is located. If the woman is still residing in the place where the husband is domiciled but is divorced, the man has no right to interfere with the woman's personal conduct.
However, if the man really needs to solve this problem, he can file a lawsuit with the court, requiring the woman to return to the filial piety pants to move the household registration, and provide corresponding evidence to prove that the woman has moved away from the place where the man's household registration is located. In short, the specific situation needs to be analyzed according to the actual situation. It is advisable to consult a local lawyer as soon as possible for more specific legal advice.
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