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If one party does not agree to the divorce, he or she can file for divorce by litigation.
1.Write a divorce petition (a lawyer can be hired**).
2.Preparation of evidence required for divorce proceedings.
3.Submit the divorce petition and evidence to the court of competent jurisdiction.
4.The court decides whether to accept the divorce proceedings.
5.After the court accepts the divorce lawsuit, it sends a copy of the statement of claim to the other party within the statutory time.
6.The court schedules a time and sends a summons to both parties.
7.**: Both parties can appoint a lawyer or other professional ** divorce proceedings.
8.The court makes a judgment on whether to grant the divorce, how to divide the property, and how to resolve the issue of child support according to the plaintiff's claim and the evidence submitted by both parties.
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Through legal means, as long as there are court documents, the same can go through the divorce procedures.
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What can I do, even if I don't steal the household registration book, the divorce must be agreed by both parties, you can do ideological work for her.
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There are two forms of divorce in China: divorce by agreement and divorce by litigation. If the woman does not agree to the divorce, she can go to the people's court to sue for divorce.
Article 32 of China's "Marriage Law" stipulates that if a man and a woman request a divorce, the relevant departments may mediate 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.
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Legal analysis: The woman's original household registration book is not required. The woman's hukou has been moved to the man, and the woman's original hukou no longer exists, and it is invalid.
If the parties agree to divorce, they need to apply for divorce at the marriage registration department of the civil affairs organ where their household registration is located with their ID card, family household registration booklet and divorce agreement.
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. Hood Tuanqi.
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 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, if mediation fails, a divorce shall be granted:
1) or 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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After the divorce, the woman takes away the family household registration book, and she can go through the procedures for the transfer or division of the woman's household registration, and can also go through the registration procedures for remarriage. It is now stipulated that the household registration book of the person concerned is also required to purchase a house. The Household Registration Ordinance stipulates that:
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 registration before moving out, obtain a relocation certificate, and cancel his or her household registration. Citizens moving from rural areas to urban areas must apply to the household registration authority of their permanent residence for moving out of the city 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 machine. 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, household division, merger, disappearance, recovery, or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration. The Regulations on Marriage Registration stipulate that Mainland residents who go through marriage registration shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) A signed statement that he or she has no spouse and no direct blood relatives or collateral blood relatives within three generations with the other party. Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following certificates and supporting materials:
1) Valid pass and ID card;
2) A statement notarized by a notary public in the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within the three clasp cavity generations with the other party. Overseas Chinese who go through marriage registration shall present the following documents and supporting materials:
1) Valid passport of the applicant;
2) A certificate issued by a notary public or competent authority of the country of residence and certified by the embassy (consulate) of the People's Republic of China in that country that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party, or a certificate issued by the embassy (consulate) of the People's Republic of China in that country that he has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party. Foreigners who go through marriage registration shall present the following documents and supporting materials:
1) A valid passport or other valid international travel document of the applicant;
2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.
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The consequence of the policy of not divorcing the wife pretending to stop and stealing the household registration book is that when you need the household registration book, it is inconvenient because the department is stupid and inconvenient, and you will not be able to handle any business beyond the household registration book because you have the household registration book, because many things need to be handled by yourself, and you need to have an ID card and a household registration book. It is recommended to report the loss at the household registration police station if it cannot be retrieved. Legal basis:
Article 17 of the Regulations on Household Registration stipulates that when the contents of household registration need to be changed or corrected, the head of 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.
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